Case Note & Summary
The case involves two criminal appeals filed by Ajay Madhusudan Mukharjee and Kamlesh Khusal Rewar against their conviction under Section 302 read with Section 34 IPC for the murder of Amar More. The prosecution alleged that on the fateful day, the deceased was assaulted by the appellants and another co-accused with fist blows near a railway building, leading to his death. The complainant, Suman More (mother of the deceased), claimed that she was informed by a shopkeeper and witnessed the assault. The trial court convicted all three accused and sentenced them to life imprisonment. In appeal, the High Court examined the evidence, noting that the incident occurred during a sudden quarrel without premeditation. The court found that the injuries were caused by fist blows and there was no common intention to cause death. The testimony of the complainant was found to be inconsistent and unreliable. The court held that the offence fell under Section 304 Part II IPC (culpable homicide not amounting to murder) as the appellants had knowledge that their act was likely to cause death but no intention to cause death. Consequently, the conviction under Section 302 IPC was set aside, and the appellants were convicted under Section 304 Part II IPC. Considering the period already undergone (about 5 years), the court sentenced them to the period already served and ordered their release unless required in any other case.
Headnote
A) Criminal Law - Murder - Section 302 read with Section 34 IPC - Common Intention - The appellants were convicted for murder of the deceased who died due to fist blows during a sudden quarrel. The court held that the absence of premeditation and the nature of injuries (fist blows) indicate that the appellants did not share a common intention to cause death. The conviction under Section 302 IPC was altered to Section 304 Part II IPC (culpable homicide not amounting to murder) as the act was done with the knowledge that it was likely to cause death but without any intention to cause death. (Paras 1-10) B) Criminal Law - Evidence - Appreciation of Witness Testimony - The prosecution's case relied heavily on the testimony of the complainant (mother of deceased) and other witnesses. The court found inconsistencies and improvements in their statements, rendering the evidence unreliable. The court held that the prosecution failed to prove the case beyond reasonable doubt. (Paras 4-8) C) Criminal Law - Sentencing - Section 304 Part II IPC - The court, after altering the conviction, sentenced the appellants to the period already undergone (about 5 years) considering the nature of the offence and the fact that they were young and had no criminal antecedents. (Para 10)
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 IPC for murder is sustainable when the evidence suggests a sudden fight without premeditation and no common intention to cause death.
Final Decision
The appeals are partly allowed. The conviction under Section 302 read with Section 34 IPC is set aside. The appellants are convicted under Section 304 Part II IPC and sentenced to the period already undergone (about 5 years). They are ordered to be released unless required in any other case.
Law Points
- Section 302 IPC
- Section 304 Part II IPC
- Section 34 IPC
- Common intention
- Culpable homicide not amounting to murder
- Fatal assault without intent to cause death
- Appreciation of evidence in criminal appeal
