Case Note & Summary
The appellant, Shaikh Chand, was convicted by the IInd Additional Sessions Judge, Aurangabad in Sessions Case No. 114 of 1996 for the offence punishable under Section 304 Part-II of the Indian Penal Code and sentenced to three years rigorous imprisonment and a fine of Rs. 5000/-. The prosecution case arose from a family dispute over water rights from a common well. On 25th February 1996, the appellant's wife and daughter went to draw water but were obstructed by the complainant's brother, Shaikh Gani, claiming it was his turn. A quarrel ensued, and later when the appellant returned from work, he saw the quarrel and assaulted Shaikh Gani, Nasimabee, and the deceased Rashidabee (the complainant's daughter) with a stick, giving two blows on her head. Rashidabee fell unconscious, was taken to hospital, and died after 10 days. The appellant challenged his conviction on the ground that the evidence was insufficient and that the offence should be under a lesser section. The High Court examined the evidence, including the testimony of eyewitnesses and medical evidence, and found that the appellant had given two stick blows on the head of the deceased, which caused her death. The court held that the act was done with the knowledge that it was likely to cause death but without intention, thus falling under Section 304 Part-II IPC. The court upheld the conviction and sentence, finding no merit in the appeal.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part-II IPC - Knowledge - The appellant gave two stick blows on the head of the deceased during a sudden quarrel over water rights. The court held that the act was done with the knowledge that it was likely to cause death but without any intention to cause death, thus falling under Part II of Section 304 IPC. (Paras 1-10) B) Evidence - Medical Evidence - Cause of death - The post-mortem report showed that death was due to head injury caused by a blunt object. The court relied on medical evidence to confirm that the injuries were sufficient in the ordinary course of nature to cause death. (Paras 5-8) C) Sentencing - Section 304 Part-II IPC - Sentence of three years rigorous imprisonment and fine of Rs. 5000/- was upheld as appropriate given the circumstances of sudden quarrel and family relationship. (Para 10)
Issue of Consideration
Whether the conviction of the appellant under Section 304 Part-II of IPC is sustainable on the basis of evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence under Section 304 Part-II IPC are upheld.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part-II IPC
- Knowledge of likely death
- Sudden quarrel
- No intention to cause death
- Sentence reduction
