Case Note & Summary
The appellant, Charansing @ Chnya s/o Indersing Kadewale, was convicted by the Additional Sessions Judge, Nanded, for the murder of Vitthal Pawar under Section 302 of the Indian Penal Code, 1860, and sentenced to life imprisonment with a fine of Rs.1000. The incident occurred on 6 January 2008, when the appellant, armed with a 'Katti' (a type of knife), went to the house of the deceased demanding payment of Rs.2000, the balance amount for damage caused to his auto rickshaw during the Dasara festival. The deceased's daughter-in-law, Sunita Pawar (PW1), and wife, Gangabai (PW4), were present and witnessed the appellant give a blow on the left side of the deceased's chest. The deceased succumbed to the injury. The prosecution examined eight witnesses, including PW1 and PW4, who testified to the incident. The medical evidence confirmed the injury was fatal. The appellant argued that the evidence was insufficient and that the witnesses were interested parties. The High Court, after reviewing the evidence, found that the ocular testimony of PW1 and PW4 was credible and corroborated by medical evidence. The court held that the appellant's act of using a deadly weapon on a vital part of the body demonstrated an intention to cause death, and therefore, the conviction under Section 302 IPC was justified. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction upheld - Appellant inflicted a single blow with a 'Katti' on the left side of chest of deceased over a dispute of Rs.2000 balance for auto rickshaw damage - Ocular evidence of PW1 and PW4 corroborated by medical evidence - Held that the act was done with intention to cause death and conviction under Section 302 IPC is proper (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of IPC for murder is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the Additional Sessions Judge, Nanded, in Sessions Case No. 76 of 2008, convicting the appellant under Section 302 of IPC and sentencing him to undergo R.I. for life and to pay a fine of Rs.1000/- with default sentence, is confirmed.
Law Points
- Murder
- Section 302 IPC
- Life imprisonment
- Conviction upheld
- Debt dispute
- Knife attack
- Intent to cause death
- Ocular evidence
- Medical evidence corroboration
Case Details
2010 LawText (BOM) (08) 26
Criminal Appeal No. 213 of 2009
S.B. Deshmukh, S.S. Shinde
Smt. Bharti B. Gunjal (for appellant), Mr. N.R. Shaikh (A.P.P. for respondent)
Charansing @ Chnya s/o Indersing Kadewale
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC.
Remedy Sought
Appellant sought acquittal from the conviction and sentence of life imprisonment.
Filing Reason
Appellant was convicted for murder of Vitthal Pawar by giving a blow with a 'Katti' on the left side of chest over a dispute of Rs.2000 balance for auto rickshaw damage.
Previous Decisions
The Additional Sessions Judge, Nanded, convicted the appellant on 28.11.2008 in Sessions Case No. 76 of 2008.
Issues
Whether the conviction under Section 302 IPC is sustainable based on the evidence of PW1 and PW4 and medical evidence.
Submissions/Arguments
Appellant argued that the evidence of PW1 and PW4 is unreliable as they are interested witnesses and there are contradictions.
Respondent argued that the ocular evidence is corroborated by medical evidence and the conviction is proper.
Ratio Decidendi
The act of the appellant in giving a blow with a deadly weapon like a 'Katti' on the vital part of the body (chest) of the deceased, without any provocation, shows an intention to cause death, and therefore, the offence falls under Section 302 IPC. The ocular evidence of PW1 and PW4, being natural witnesses, is credible and corroborated by medical evidence.
Judgment Excerpts
This appeal is filed challenging the final judgment and order dated 28.11.2008, passed by the Additonal Sessions Judge, Nanded in Sessions Case. No. 76 of 2008, by which the appellant-accused is convicted for the offence punishable under Section 302 of IPC and is sentenced to undergo R.I. for life and to pay a fine of Rs.1000/-, i/d to undergo further S.I. for two months.
The brief facts of the case are as under:- One Sunita Pawar, PW 1, daughter-in-law of Vitthal Pawar (hereinafter for the sake of brevity referred to as the 'deceased') resides at Tirupatinagar, Dhanegaon alongwith her family members i.e. her husband, brother-in-law, mother-in-law.
Procedural History
The appellant was convicted by the Additional Sessions Judge, Nanded on 28.11.2008 in Sessions Case No. 76 of 2008 for murder under Section 302 IPC and sentenced to life imprisonment. The appellant filed Criminal Appeal No. 213 of 2009 before the Bombay High Court challenging the conviction and sentence. The appeal was heard and dismissed on 13.08.2010.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302
