Case Note & Summary
The appellant, Josh S/o C Mathew, was prosecuted for offences under Sections 302, 307, 323, and 429 of the Indian Penal Code (IPC) for an incident on 22.02.2008 between 3 a.m. and 3.30 a.m. He assaulted Bhima Patil and Jaibai Musalde with an iron scissors and fists/kicks when they resisted his attempt to commit theft. The Additional Sessions Judge, Shahada, convicted him under Section 304 Part II IPC (culpable homicide not amounting to murder) for each death, Section 323 IPC (voluntarily causing hurt), and Section 429 IPC (mischief by killing or maiming cattle). He was sentenced to seven years rigorous imprisonment and fine for each Section 304 Part II offence, six months for Section 323, and one year for Section 429, with sentences to run concurrently. The appellant appealed to the Bombay High Court challenging the conviction and sentence. The High Court, after considering the facts and evidence, upheld the conviction under Section 304 Part II IPC, finding that the appellant had knowledge that his act was likely to cause death but no intention to cause death. The court did not interfere with the sentence. The appeal was dismissed.
Headnote
A) Criminal Law - Culpable Homicide not amounting to Murder - Section 304 Part II Indian Penal Code, 1860 - The appellant assaulted two persons with iron scissors and fists/kicks while they resisted his attempt to commit theft, resulting in their deaths. The trial court convicted him under Section 304 Part II IPC. The High Court upheld the conviction, finding that the appellant had the knowledge that his act was likely to cause death but no intention to cause death. (Paras 1-3) B) Criminal Law - Sentencing - Section 304 Part II Indian Penal Code, 1860 - The appellant was sentenced to seven years rigorous imprisonment and fine for each of the two offences under Section 304 Part II IPC, with sentences to run concurrently. The High Court did not interfere with the sentence. (Paras 1-2)
Issue of Consideration
Whether the appellant's conviction under Section 304 Part II IPC for causing death of two persons while resisting theft is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence under Section 304 Part II IPC and other sections are upheld.
Law Points
- Culpable homicide not amounting to murder
- Section 304 Part II IPC
- Section 323 IPC
- Section 429 IPC
- theft resistance
- common intention
- sentencing
