Case Note & Summary
The appellant, Vilas Bajirao Jadhav, was convicted under Section 304 Part-II of the Indian Penal Code, 1860 by the Sessions Court in Sessions Case No. 298/1990 and sentenced to five years rigorous imprisonment. He appealed against this conviction under Section 374(2) of the Code of Criminal Procedure, 1973. The prosecution case was that on 28th August 1989, the deceased Sunil @ Anil Chandan Shive, a contract labourer, died accidentally. During the inquiry under Section 174 Cr.P.C., an inquest panchanama was drawn. The prosecution alleged that the accused threw a stone at the deceased during a quarrel, causing his death. The court heard the learned counsel for the appellant and the learned APP for the state. The court examined the evidence and found that the prosecution failed to prove that the accused had knowledge that his act was likely to cause death. The court noted that the circumstances did not conclusively establish the guilt of the accused. The court held that the conviction was not sustainable and set it aside. The accused was acquitted and his bail bonds were discharged.
Headnote
A) Criminal Law - Culpable Homicide - Section 304 Part-II Indian Penal Code, 1860 - Knowledge - The prosecution alleged that the accused threw a stone at the deceased during a quarrel, causing death. The court held that the evidence did not establish that the accused had knowledge that his act was likely to cause death. The conviction was set aside and the accused was acquitted. (Paras 1-13) B) Evidence Law - Circumstantial Evidence - Benefit of Doubt - The court found that the prosecution failed to prove the case beyond reasonable doubt. The circumstances did not conclusively point to the guilt of the accused. The accused was given the benefit of doubt. (Paras 10-13)
Issue of Consideration
Whether the conviction of the appellant under Section 304 Part-II of the Indian Penal Code, 1860 for culpable homicide not amounting to murder is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Accused acquitted. Bail bonds discharged.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part-II IPC
- Knowledge
- Intention
- Circumstantial Evidence
- Benefit of Doubt
