Case Note & Summary
The State of Maharashtra appealed against the acquittal of Rameshwar s/o Kanhoba Chalak and Ramesh s/o Kishanrao Chalak (respondents/accused) in Sessions Case No.186/1999, where they were charged with murder under Section 302 read with Section 34 of the Indian Penal Code. The case arose from an incident on 18.08.1999, when the deceased Munja Vishwanath More was allegedly assaulted by the accused with a cudgel, fists, and kicks, causing injuries to his hand, thigh, and chest. The deceased lodged a complaint on 19.08.1999, but later on 24.08.1999, he was admitted to the hospital for a head injury (haemorrhage in the right frontal region extra dural space). He died on 29.08.1999, and the complaint was converted into an FIR under Section 302 r/w Section 34 IPC on 30.08.1999. After trial, the learned 2nd Additional Sessions Judge, Parbhani, acquitted the accused on 06.02.2003, holding that the cause of death could not be co-related to the alleged assault. The State appealed. The High Court considered submissions from the learned APP and the defense counsel. Upon perusing the appeal paper book and original record, the court found no reason to interfere with the Trial Court's finding. The court noted that the deceased had a separate head injury that led to his death, and the prosecution failed to establish that this injury was inflicted during the alleged assault. Therefore, the appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Murder - Acquittal Appeal - Causal Link - Section 302 r/w Section 34 Indian Penal Code, 1860 - The State appealed against acquittal of accused charged with murder. The deceased was assaulted on 18.08.1999, but died on 29.08.1999 due to a head injury (haemorrhage in right frontal region extra dural space). The Trial Court held that the cause of death could not be co-related to the alleged assault. The High Court, on reappreciation of evidence, found no error in the Trial Court's view and dismissed the appeal. Held that the prosecution failed to establish the necessary causal link between the assault and the death (Paras 1-5).
Issue of Consideration
Whether the acquittal of the respondents/accused for the offence of murder under Section 302 r/w Section 34 of the Indian Penal Code was justified, given the alleged assault and subsequent death of the deceased.
Final Decision
The appeal is dismissed. The acquittal of the respondents/accused is upheld.
Law Points
- Criminal Law
- Murder
- Acquittal Appeal
- Causal Link
- Section 302 IPC
- Section 34 IPC
- Indian Penal Code
- 1860
