Case Note & Summary
The case involves an appeal filed by Mrs. Vimal Singh, the widow of the deceased Dharmendra Singh, under Section 372 of the Code of Criminal Procedure, 1973, challenging the acquittal of respondent no. 2 (Mushtafa Shaikh) from the offence punishable under Section 302 of the Indian Penal Code (IPC). The incident occurred on 17.08.2015 at around 21:45 hours at Premier Bairro, St-Cruz, Tiswadi, Goa, where respondent no. 2 assaulted Dharmendra Singh and Piyushkumar Bishwakarma with a knife. Dharmendra Singh succumbed to his injuries, while Piyushkumar sustained simple injuries. The trial court, by judgment dated 07.05.2018 in Sessions Case No. 55/2015, acquitted respondent no. 2 of murder under Section 302 IPC but convicted him under Section 304 (Part II) and Section 324 IPC. The appellant, as a victim under Section 2(wa) CrPC, appealed against the acquittal. The prosecution examined eighteen witnesses and produced documentary evidence. The trial court framed four points for determination: whether the death was homicidal, whether the accused caused the death, whether the accused murdered the deceased, and whether the accused caused simple injuries to Piyushkumar. The trial court answered the first point in the affirmative, finding that the death was homicidal. On the second and third points, the court found that respondent no. 2 assaulted the deceased with a pocket knife (M.O. No. 10) resulting in death, but concluded that the assault was neither pre-planned nor premeditated, and that respondent no. 2 never intended to cause death. Consequently, the trial court convicted him under Section 304 Part II (culpable homicide not amounting to murder) and Section 324 (voluntarily causing hurt by dangerous weapons). The High Court, in the present appeal, examined the evidence and the trial court's reasoning. The High Court upheld the trial court's findings, holding that the acquittal from murder was justified as the prosecution failed to prove the ingredients of murder under Section 302 IPC. The court noted that the assault was sudden and without premeditation, and the accused did not have the intention to cause death. Therefore, the conviction under Section 304 Part II and Section 324 IPC was appropriate. The appeal was dismissed, and the trial court's judgment was confirmed.
Headnote
A) Criminal Law - Murder vs. Culpable Homicide - Section 302, 304 Part II, 324 Indian Penal Code, 1860 - The appellant, widow of the deceased, challenged the acquittal of the accused from murder charge. The trial court convicted the accused under Section 304 Part II and Section 324 IPC, finding that the assault was not premeditated and there was no intention to cause death. The High Court upheld the conviction, holding that the evidence did not establish murder but only culpable homicide not amounting to murder. (Paras 1-4) B) Criminal Procedure - Victim's Right to Appeal - Section 372, 2(wa) Code of Criminal Procedure, 1973 - The appellant, being the widow of the deceased, was entitled to file an appeal against the acquittal as a victim under Section 2(wa) CrPC. The court considered the appeal on merits. (Para 1)
Issue of Consideration
Whether the acquittal of the respondent no. 2 from the offence under Section 302 IPC was justified, and whether the conviction under Section 304 Part II and Section 324 IPC was correct.
Final Decision
The High Court dismissed the appeal and confirmed the trial court's judgment acquitting respondent no. 2 from the offence under Section 302 IPC and convicting him under Section 304 Part II and Section 324 IPC.
Law Points
- Section 302 IPC
- Section 304 Part II IPC
- Section 324 IPC
- Section 372 CrPC
- Section 2(wa) CrPC
- distinction between murder and culpable homicide
- intention to cause death
- premeditation
- victim's right to appeal against acquittal
