Case Note & Summary
The appellant, Balaji Devidas More, was convicted by the Additional Sessions Judge, Pune, under Section 304 Part II of the Indian Penal Code (IPC) for culpable homicide not amounting to murder and under Section 323 IPC for voluntarily causing hurt, and was acquitted under Section 504 IPC. He was sentenced to 10 years rigorous imprisonment and fine for the main offence. The appellant appealed against the conviction and sentence. The facts reveal that on 2nd April 2014, the deceased Savita, a woman of easy virtue, was consuming alcohol at Hotel Pyaasa in Pune. The appellant was a watchman at the hotel. A quarrel arose between the appellant and Savita over a trivial issue, during which the appellant hit Savita on the head with a wooden log (danda). Savita died the next day due to the injuries. The prosecution examined witnesses including Sunanda (PW1), who was present, and the medical officer (PW4) who conducted the post-mortem. The trial court found the appellant guilty under Section 304 Part II IPC, holding that the act was done with the knowledge that it was likely to cause death but without intention to cause death, and that the case fell under Exception 4 to Section 300 IPC (sudden fight without premeditation). The High Court upheld the conviction, noting that the evidence clearly established the assault and the fatal injury. However, considering the appellant's young age (27 years), lack of criminal antecedents, and the sudden nature of the quarrel, the court reduced the sentence from 10 years to 7 years rigorous imprisonment. The conviction under Section 323 IPC and the acquittal under Section 504 IPC were not challenged. The appeal was partly allowed to the extent of sentence modification.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part II Indian Penal Code, 1860 - Conviction upheld - Appellant assaulted deceased with a wooden log after a sudden quarrel over a trivial issue - No premeditation or intention to cause death - Death caused by blunt force trauma to head - Held that the act falls under Exception 4 to Section 300 IPC, punishable under Section 304 Part II (Paras 1-10). B) Criminal Law - Sentencing - Reduction of sentence - Section 304 Part II Indian Penal Code, 1860 - Appellant was a young man aged 27 years, no criminal antecedents, and the incident occurred during a sudden fight - Held that the sentence of 10 years rigorous imprisonment is reduced to 7 years rigorous imprisonment (Paras 11-12).
Issue of Consideration
Whether the conviction under Section 304 Part II IPC is sustainable and whether the sentence of 10 years rigorous imprisonment is excessive.
Final Decision
Appeal partly allowed. Conviction under Section 304 Part II IPC and Section 323 IPC upheld. Sentence under Section 304 Part II IPC reduced from 10 years rigorous imprisonment to 7 years rigorous imprisonment. Fine and default sentence maintained.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part II IPC
- Section 323 IPC
- Section 504 IPC
- Acquittal for Section 504
- Reduction of sentence
- Provocation
- Sudden fight
- No common intention
- No premeditation
