Case Note & Summary
The appellant, Bandu @ Bandya Mahendra @ Rashid Pathan, was convicted by the Additional Sessions Judge, Nashik, in Sessions Case No.305 of 2014 for the offence punishable under Section 304 Part I of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for 10 years and a fine of Rs.15,000/-. The case arose from an incident where the appellant allegedly assaulted the deceased, Kalpesh Kacharu Dhongade, with a stick on the head, resulting in his death. The appellant was the lessee of a roadside eatery owned by the first informant, Chandrabhan Nathe (PW1), and the deceased was the first informant's cousin. The prosecution alleged that the appellant and the deceased had jointly purchased a second-hand Bolero jeep, and a dispute arose over the vehicle. On the day of the incident, the appellant allegedly hit the deceased with a stick, causing fatal injuries. The trial court convicted the appellant under Section 304 Part I IPC, holding that the act was done with the knowledge that it was likely to cause death. The appellant challenged the conviction before the Bombay High Court. The High Court examined the evidence, including the testimony of eyewitnesses and medical evidence. The court noted that the prosecution's case relied heavily on the testimony of PW2, who claimed to have seen the assault, but his credibility was questionable due to contradictions. The medical evidence showed that the deceased died due to head injury, but the doctor could not specify the exact weapon. The court held that the prosecution failed to prove that the appellant had the knowledge that his act was likely to cause death, as required under Section 304 Part I IPC. The nature of the weapon (a stick), the single blow, and the absence of premeditation indicated lack of such knowledge. The court also noted that the appellant had been in custody since 2014. Consequently, the High Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant of all charges. The appellant was directed to be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Culpable Homicide - Section 304 Part I IPC - Knowledge - The appellant was convicted for causing death by a single stick blow on the head. The court held that the prosecution failed to prove that the appellant had the knowledge that his act was likely to cause death. The nature of the weapon (stick), the single blow, and absence of premeditation indicated lack of such knowledge. Conviction set aside. (Paras 1-31) B) Evidence - Medical Evidence - Cause of Death - The post-mortem report showed death due to head injury, but the doctor could not specify the exact weapon. The court noted that the medical evidence did not establish that the injury was necessarily fatal or that the appellant knew it would cause death. (Paras 15-20) C) Criminal Procedure - Appeal - Acquittal - The High Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant of all charges. The appellant was directed to be released forthwith unless required in any other case. (Para 31)
Issue of Consideration
Whether the conviction of the appellant under Section 304 Part I of the Indian Penal Code for culpable homicide not amounting to murder is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Directed to be released forthwith unless required in any other case.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part I IPC
- Knowledge of causing death
- Intent to cause death
- Fatal assault with stick
- Acquittal for lack of evidence
