Case Note & Summary
The appellant, Chaitram s/o Sitaram Pachare, was convicted by the Additional Sessions Judge, Bhandara, in Sessions Trial No.53/2016 for the murder of Mohan Pachare under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The prosecution alleged that on 23 June 2016, the appellant assaulted the deceased with a bamboo stick due to animosity over the appellant's amorous glances at the deceased's wife. The deceased was hospitalized, underwent surgery, and died ten days later on 4 July 2016 due to cardiac arrest. The appellant appealed to the Bombay High Court, Nagpur Bench. The appellant's counsel argued that the prosecution suppressed the genesis of the incident by failing to produce medical evidence regarding injuries on the appellant, who was also hospitalized from 23 June to 27 June 2016. The investigating officer admitted this hospitalization but did not explain it. The counsel submitted that this suppression warranted an adverse inference and that Exception 4 to Section 300 IPC (sudden fight) might apply. The court considered the submissions and found that the prosecution's failure to explain the appellant's injuries and the lack of conclusive medical evidence linking the assault to the cardiac arrest cast serious doubt on the prosecution's case. The court held that the conviction under Section 302 IPC was unsustainable and allowed the appeal, acquitting the appellant. The court directed that the appellant be set at liberty unless required in any other case.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Suppression of Evidence - The prosecution failed to produce medical evidence regarding injuries on the accused and his hospitalization from 23.6.2016 to 27.6.2016, which was admitted by the investigating officer. Held that suppression of genesis of incident warrants adverse inference against prosecution (Paras 4, 6). B) Criminal Law - Culpable Homicide - Exception 4 to Section 300 Indian Penal Code, 1860 - Sudden Fight - The accused and deceased were close relatives with prior animosity; the incident occurred without premeditation in a sudden quarrel. Held that if the case is proved, Exception 4 may be attracted, reducing offence to culpable homicide not amounting to murder (Para 4). C) Evidence - Cause of Death - Cardiac Arrest - The deceased died ten days after assault due to cardiac arrest; the medical evidence did not conclusively link the assault to the death. Held that the prosecution failed to prove that the assault caused the death, casting doubt on the conviction under Section 302 IPC (Paras 6-7).
Issue of Consideration
Whether the conviction under Section 302 IPC is sustainable when the prosecution suppressed the genesis of the incident and failed to explain injuries on the accused, and whether the death due to cardiac arrest ten days after the assault can be attributed to the accused's act.
Final Decision
The appeal is allowed. The judgment and order dated 4.5.2018 in Sessions Trial No.53/2016 convicting the appellant under Section 302 IPC is set aside. The appellant is acquitted. He shall be set at liberty unless required in any other case.
Law Points
- Suppression of evidence
- adverse inference
- exception 4 to Section 300 IPC
- cause of death
- cardiac arrest
- Section 302 IPC
- Section 304 Part II IPC
