Case Note & Summary
The appellant, Janardan @ Shankar Tukaram Baing, was convicted by the Additional Sessions Judge, Ratnagiri in Sessions Case No. 27 of 2011 for offences punishable under Sections 302 and 307 of the Indian Penal Code, 1860 (IPC). The case of the prosecution was that on 10.05.2011 at about 9:30 pm, the appellant attacked his cousin sister Shalini and aunt Kashibai with a bamboo stick, causing fatal injuries to Shalini and injuries to Kashibai. The motive alleged was that the appellant suspected Shalini and Kashibai of practicing black magic, which he believed caused him to be childless. The appellant was sentenced to life imprisonment under Section 302 IPC and rigorous imprisonment for 10 years under Section 307 IPC. The appellant appealed against the conviction. The High Court of Bombay, after hearing the parties, examined the evidence including the testimony of eyewitness Jagannath (PW1), the medical evidence, and the circumstances. The court found that the prosecution failed to establish the exact sequence of events and that the injuries inflicted were not sufficient in the ordinary course of nature to cause death. The court noted that the incident occurred suddenly during a quarrel without premeditation, and the appellant did not take undue advantage. Therefore, the court held that the case fell under Exception 4 to Section 300 IPC, which reduces culpable homicide to murder not amounting to murder. The conviction under Section 302 IPC was altered to Section 304 Part I IPC, and the conviction under Section 307 IPC was set aside. The appellant was sentenced to the period already undergone (about 10 years) and was ordered to be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Conviction under Section 302 IPC - Acquittal - The appellant was convicted for murder and attempt to murder. The High Court held that the prosecution failed to prove the exact manner of incident and the injuries were not sufficient in the ordinary course of nature to cause death. The incident occurred on a sudden quarrel without premeditation, attracting Exception 4 to Section 300 IPC. The conviction under Section 302 IPC was altered to Section 304 Part I IPC. (Paras 1-36) B) Criminal Law - Attempt to Murder - Section 307 IPC - Acquittal - The court found that the evidence regarding the attack on the second victim was not reliable and the injuries were simple. The conviction under Section 307 IPC was set aside. (Paras 1-36) C) Evidence Act - Circumstantial Evidence - Motive - The prosecution relied on motive of black magic suspicion, but the court held that motive alone is not sufficient to prove guilt beyond reasonable doubt. The chain of circumstances was incomplete. (Paras 1-36)
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 307 of the Indian Penal Code, 1860 is sustainable in law and on facts.
Final Decision
The appeal is partly allowed. The conviction under Section 302 IPC is altered to Section 304 Part I IPC. The conviction under Section 307 IPC is set aside. The appellant is sentenced to the period already undergone and shall be released forthwith unless required in any other case.
Law Points
- Section 302 IPC
- Section 307 IPC
- Section 304 Part I IPC
- Section 304 Part II IPC
- Exception 4 to Section 300 IPC
- Circumstantial Evidence
- Motive
- Common Intention
- Sudden Fight
- Absence of Premeditation
- Benefit of Doubt
