Case Note & Summary
The appellant, Abid Khan alias Baba s/o Majeeb Khan Pathan, was convicted by the Additional Sessions Judge, Buldana, in Sessions Trial No.79/2003 for the murder of Santosh Sudhakar Tayade under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment and a fine of Rs.500. The prosecution case was that on 26.4.2003, at about 5:30 to 6:00 pm, there was an altercation between the deceased and the accused because the accused was shaking tobacco, and the dust entered the deceased's eyes. During the altercation, the accused assaulted the deceased with fists and kicks, causing him to fall and sustain injuries to which he succumbed. The police registered a crime against the accused and two co-accused. After investigation, a chargesheet was filed, and the case was committed to the Sessions Court. The accused pleaded not guilty. The trial court convicted the appellant under Section 302 IPC. The appellant challenged the conviction in the High Court. The legal issues were whether the conviction under Section 302 IPC was sustainable given the nature of the assault (fists and kicks) and the medical evidence, which showed only a contusion on the scalp and a fracture of the hyoid bone. The appellant argued that there was no intention to cause death and that the injuries were not sufficient in the ordinary course of nature to cause death. The State argued that the accused had the knowledge that his act was likely to cause death. The court analyzed the evidence and found that the medical evidence did not support the charge of murder. The court held that the act was done in a sudden quarrel without premeditation, and the accused had no intention to cause death but had knowledge that his act was likely to cause death. The court altered the conviction from Section 302 IPC to Section 304 Part II IPC and sentenced the accused to the period already undergone (about 2 years 5 months) and reduced the fine to Rs.200. The appeal was partly allowed.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Intent - The court considered whether the accused had the intention to cause death when he assaulted the deceased with fists and kicks following a verbal altercation over tobacco dust entering the deceased's eyes. The medical evidence showed only a contusion on the scalp and a fracture of the hyoid bone, which could be caused by a fall. The court held that the injuries were not sufficient in the ordinary course of nature to cause death, and there was no intention to cause death. The conviction under Section 302 IPC was set aside and altered to Section 304 Part II IPC. (Paras 1-15) B) Criminal Law - Culpable Homicide - Section 304 Part II IPC - Knowledge - The court found that the accused had knowledge that his act of assaulting the deceased with fists and kicks was likely to cause death, but without any intention to cause death. The act was done in a sudden quarrel without premeditation. The court altered the conviction from Section 302 IPC to Section 304 Part II IPC and sentenced the accused to the period already undergone (about 2 years 5 months) and reduced the fine. (Paras 16-20)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murder is sustainable in the absence of intent to cause death and based on the nature of injuries inflicted by fists and kicks.
Final Decision
The appeal is partly allowed. The conviction of the appellant under Section 302 of the Indian Penal Code is set aside. Instead, the appellant is convicted under Section 304 Part II of the Indian Penal Code. The sentence of life imprisonment is set aside, and the appellant is sentenced to the period of imprisonment already undergone (about 2 years 5 months). The fine is reduced from Rs.500 to Rs.200, in default of payment of fine, the appellant shall undergo rigorous imprisonment for one month.
Law Points
- Murder
- Culpable Homicide
- Section 302 IPC
- Section 304 Part II IPC
- Intent
- Knowledge
- Medical Evidence
- Fist and Kick Blows
- Single Blow
- Dowry Prohibition Act
