Case Note & Summary
The appellant, Nandkumar Shriniwas Kaduskar, was convicted by the Additional Sessions Judge, Pune, under Section 302 of the Indian Penal Code (IPC) for the murder of Kiran Eknath Waghmare. The prosecution alleged that on 7th October 1995 at around 11:30 p.m., the deceased abused the accused persons, leading to a scuffle where the appellant beat the deceased with a piece of wood (lakadi) on the head, causing fatal injuries. The deceased's mother, Sindhubai, witnessed the incident and filed a report. The trial court convicted the appellant under Section 302 IPC, while acquitting the co-accused. The appellant appealed to the Bombay High Court, arguing that the evidence was inadequate and that the offence, if any, would be grievous hurt or culpable homicide not amounting to murder. The High Court, after scrutinizing the evidence, found inconsistencies in the eye witness accounts and noted that the weapon used was a wooden plank, not a lethal weapon. The court held that the appellant had no intention to cause death but had knowledge that his act was likely to cause death. Consequently, the court altered the conviction from Section 302 IPC to Section 304 Part II IPC and sentenced the appellant to the period already undergone (about 7 years), setting aside the life sentence.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Appreciation of Evidence - The court examined the evidence of eye witnesses and found inconsistencies and lack of corroboration regarding the exact role of the appellant - Held that the prosecution failed to prove the charge of murder beyond reasonable doubt (Paras 1-5). B) Criminal Law - Culpable Homicide not amounting to Murder - Section 304 Part II IPC - Intention and Knowledge - The court considered the nature of the weapon (wooden plank) and the circumstances of the incident - Held that the appellant had no intention to cause death but had knowledge that his act was likely to cause death, thus altering the conviction from Section 302 to Section 304 Part II IPC (Paras 4-5).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 (IPC) for murder is sustainable based on the evidence on record, and if not, what lesser offence is made out.
Final Decision
Appeal partly allowed. Conviction under Section 302 IPC set aside. Appellant convicted under Section 304 Part II IPC and sentenced to the period of imprisonment already undergone (about 7 years). Appellant to be released forthwith unless required in any other case.
Law Points
- Murder
- Culpable Homicide
- Section 302 IPC
- Section 304 Part II IPC
- Intention
- Knowledge
- Lethal Weapon
- Appreciation of Evidence
- Eye Witness Testimony
