Case Note & Summary
The case arises from an incident on 30.10.1995 when the deceased Suhas, along with a 10-year-old boy Sanjay, was returning home on a bicycle. Near the Rest House square at Achalpur, the two accused persons, Wariskhan (accused No.1) and Majidkhan (accused No.2), obstructed them. The accused had earlier attempted to steal oranges from the deceased's uncle's field, and the deceased had caught them. On the day of the incident, accused No.1 Wariskhan gave a blow with a stick on the head of the deceased, while accused No.2 Majidkhan assaulted the complainant Sanjay with a stick. The deceased died as a result of the head injury. The trial court convicted accused No.1 under Section 304-II IPC and sentenced him to 10 years rigorous imprisonment, and convicted accused No.2 under Section 323 IPC and sentenced him to 1 year rigorous imprisonment. The State appealed for enhancement of sentence, and the accused appealed against conviction. The High Court, after examining the evidence, held that the conviction of accused No.1 under Section 304-II IPC was correct as the act was done with knowledge that it was likely to cause death but without intention to cause death. The conviction of accused No.2 under Section 323 IPC was also upheld. However, considering the circumstances of the case, the sentence of accused No.1 was reduced from 10 years to 7 years rigorous imprisonment. The appeals were disposed of accordingly.
Headnote
A) Criminal Law - Culpable Homicide not amounting to Murder - Section 304-II IPC - Fatal assault arising from sudden quarrel over theft of oranges - Accused No.1 inflicted a fatal blow with a stick on the head of the deceased - Held that the act was done with the knowledge that it was likely to cause death but without intention to cause death, falling under Part II of Section 304 IPC (Paras 1-20). B) Criminal Law - Simple Hurt - Section 323 IPC - Accused No.2 assaulted the complainant with a stick causing simple injuries - Held that the evidence of the complainant and medical report supports the conviction under Section 323 IPC (Paras 1-20). C) Criminal Law - Sentence - Reduction of Sentence - Section 304-II IPC - Accused No.1 was sentenced to 10 years rigorous imprisonment - Considering the incident occurred without premeditation during a sudden quarrel and the accused was a young man, the sentence was reduced to 7 years rigorous imprisonment (Paras 21-22).
Issue of Consideration
Whether the conviction of accused No.1 under Section 304-II IPC and accused No.2 under Section 323 IPC is sustainable on the basis of evidence on record, and whether the sentence imposed is appropriate.
Final Decision
The High Court dismissed the State's appeal for enhancement and partly allowed the accused's appeal by reducing the sentence of accused No.1 from 10 years to 7 years rigorous imprisonment. The conviction of both accused was upheld.
Law Points
- Culpable Homicide not amounting to Murder
- Section 304-II IPC
- Section 323 IPC
- Common Intention
- Appreciation of Evidence
- Reduction of Sentence
