Case Note & Summary
The case arises from an incident on 23rd August 1999 in Tandulwadi, Solapur, where the deceased Navnath Gaikwad was assaulted by three accused persons. The first informant Nagnath Gaikwad, brother of the deceased, lodged a complaint stating that accused No. 1 Mukund Sonawane, accused No. 2 Dilip Sonawane, and accused No. 3 Somnath Londhe attacked the deceased and his family members. The prosecution alleged that accused No. 2 Dilip Sonawane inflicted a fatal stick blow on the head of the deceased, while the other accused caused simple injuries. The trial court convicted accused No. 2 under Section 304 Part II IPC and Section 324 IPC, and convicted accused No. 1 and 3 under Sections 323 and 504 read with 34 IPC. The State appealed against the acquittal of all accused under Section 302 IPC, and accused No. 2 appealed against his conviction. The High Court examined the evidence including eyewitness testimony, medical evidence, and dying declaration. The court found that the fatal injury was caused by accused No. 2 with a stick, and the medical evidence showed that the injury was sufficient to cause death in the ordinary course of nature. However, the court held that there was no intention to cause death, but the accused had knowledge that such injury was likely to cause death, thus convicting him under Section 304 Part II IPC. The court also held that there was no common intention to cause death among the accused, as the other accused only caused simple injuries. The court dismissed the State's appeal for conviction under Section 302 IPC and dismissed the appeal of accused No. 2 against his conviction, upholding the trial court's judgment.
Headnote
A) Criminal Law - Culpable Homicide not amounting to Murder - Section 304 Part II Indian Penal Code, 1860 - Fatal Assault - The accused Dilip Sonawane inflicted a stick blow on the head of the deceased, causing death. The court held that the act was done with the knowledge that it was likely to cause death but without intention to cause death, thus falling under Section 304 Part II IPC. (Paras 1-37) B) Criminal Law - Common Intention - Section 34 Indian Penal Code, 1860 - The court held that there was no common intention among the accused to cause death, as the fatal blow was struck by accused No. 2 alone, and the other accused only caused simple injuries. Hence, they were not liable for murder. (Paras 20-30) C) Criminal Law - Dying Declaration - Evidentiary Value - The dying declaration of the deceased was found to be reliable and consistent with the oral testimony of witnesses, and was used to corroborate the prosecution case. (Paras 15-18) D) Criminal Law - Appreciation of Evidence - Medical Evidence - The medical evidence showed that the injury on the head was sufficient in the ordinary course of nature to cause death, and the court relied on the doctor's opinion to hold the accused guilty under Section 304 Part II IPC. (Paras 12-14)
Issue of Consideration
Whether the conviction of accused Dilip Sonawane under Section 304 Part II IPC and Section 324 IPC is sustainable on the basis of evidence on record, and whether the acquittal of co-accused under Section 302 IPC is correct.
Final Decision
Both appeals dismissed. Conviction of accused No. 2 under Section 304 Part II IPC and Section 324 IPC upheld. Conviction of accused No. 1 and 3 under Sections 323 and 504 read with 34 IPC upheld. Acquittal under Section 302 IPC confirmed.
Law Points
- Culpable Homicide not amounting to Murder
- Section 304 Part II IPC
- Section 324 IPC
- Section 323 IPC
- Section 504 IPC
- Section 34 IPC
- Common Intention
- Appreciation of Evidence
- Medical Evidence
- Dying Declaration
- Motive
