Case Note & Summary
The applicant, Prashant Sukhdeo Tipale, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the charge-sheet and Sessions Case No.80/2022 arising from Crime No.456/2022 registered under Section 302 of the Indian Penal Code, 1860 (IPC) at Police Station Pulgaon, District Wardha. The case arose from an incident on 19 May 2022, when the deceased Akash Gharde, riding a motorcycle with two pillion riders (complainant Jyoti Barde and Ratnapal Tamgadge), brushed against a moped ridden by the applicant. A quarrel ensued, during which the applicant allegedly slapped and punched the deceased on his face and abdomen. The deceased fell unconscious and was taken to the hospital, where he was declared dead. The complainant lodged a report, and the police registered an offence under Section 302 IPC. After investigation, a charge-sheet was filed under Section 302 IPC, and the case was committed to the Sessions Court. The applicant argued that the allegations did not constitute murder under Section 302 IPC, as there was no intention to cause death or knowledge that the act would cause death, and the act was done without any weapon. The State opposed the application, contending that the charge-sheet disclosed a prima facie case under Section 302 IPC. The High Court examined the allegations and the post-mortem report, noting that the cause of death was due to injuries sustained from fist blows, but there was no evidence of intention to cause death or knowledge that the act would cause death. The court held that the offence fell under Section 304 Part II IPC (culpable homicide not amounting to murder) and not under Section 302 IPC. Consequently, the court quashed the charge under Section 302 IPC and directed the Sessions Court to frame charges under Section 304 Part II IPC instead. The application was partly allowed.
Headnote
A) Criminal Law - Murder vs. Culpable Homicide - Section 302, 304 Part II Indian Penal Code, 1860 - Quashing of Charge - Allegations of fist blows during a road rage incident resulting in death - Court held that the absence of intention to cause death or knowledge that the act would cause death, and the lack of any weapon, reduces the offence from murder to culpable homicide not amounting to murder under Section 304 Part II IPC - Held that the charge under Section 302 IPC is liable to be quashed and altered to Section 304 Part II IPC (Paras 5-7).
Issue of Consideration
Whether the allegations in the FIR and charge-sheet make out an offence under Section 302 IPC (murder) or a lesser offence under Section 304 Part II IPC (culpable homicide not amounting to murder).
Final Decision
The application is partly allowed. The charge under Section 302 IPC is quashed and set aside. The Sessions Court is directed to frame charges against the applicant under Section 304 Part II IPC instead.
Law Points
- Section 302 IPC
- Section 304 Part II IPC
- Culpable Homicide not amounting to murder
- Quashing of criminal proceedings
- Inherent powers under Section 482 CrPC
