Case Note & Summary
The appellant, Shivaji s/o Guja Pawar, was convicted by the Additional Sessions Judge, Parbhani in Sessions Trial No. 137 of 1994 for the offence punishable under Section 325 of the Indian Penal Code (IPC) and sentenced to three years rigorous imprisonment and a fine of Rs. 1000, with default sentence of six months. The prosecution case was that on 24.7.1994, a family meeting was organized by Guja, father of the appellant, for separation of family members. During the meeting, some sons of Guja started beating their father. The deceased Mukinda, a cousin brother of the sons and sister's son of Guja, intervened and asked them why they were beating their father. This irked the accused, and the appellant assaulted Mukinda with a wooden stump, causing him to fall down. Mukinda was taken to a hospital but succumbed to his injuries. The appellant challenged the conviction and sentence in this appeal. The court examined the evidence of eyewitnesses and the medical evidence, which showed that the deceased had a fracture of the skull caused by a blunt weapon. The court found that the prosecution had proved its case beyond reasonable doubt and upheld the conviction. However, considering that the appeal was pending for about 12 years, the appellant had no criminal antecedents, and the incident occurred in a family dispute, the court reduced the sentence to the period already undergone.
Headnote
A) Criminal Law - Grievous Hurt - Section 325 IPC - Conviction - Appeal against conviction for causing grievous hurt by assaulting deceased with wooden stump - Evidence of eyewitnesses and medical evidence establishing that the appellant gave a blow with a wooden stump on the head of the deceased, causing fracture of skull and ultimately death - Held that the conviction under Section 325 IPC is correct and does not warrant interference (Paras 1-10). B) Criminal Law - Sentence - Reduction - Section 325 IPC - Long pendency of appeal - Appellant had no criminal antecedents and the incident occurred in a family dispute - The appeal was pending for about 12 years - Held that the sentence of three years rigorous imprisonment is reduced to the period already undergone (Paras 11-12).
Issue of Consideration
Whether the conviction of the appellant under Section 325 of IPC is sustainable on the basis of the evidence on record, and whether the sentence of three years rigorous imprisonment is appropriate.
Final Decision
Appeal partly allowed. Conviction under Section 325 IPC upheld. Sentence reduced to the period already undergone. Fine, if paid, to be refunded.
Law Points
- Section 325 IPC
- Grievous Hurt
- Wooden Stump as Weapon
- Sentence Reduction
- Long Pendency of Appeal
