Case Note & Summary
The appellant, Sitaram Babu Satve, was the original accused No.2 in Sessions Case No.131 of 2001 before the First Ad-hoc Additional Sessions Judge, Raigad. He was convicted for an offence punishable under Section 304 Part-II of the Indian Penal Code, 1860 and sentenced to rigorous imprisonment for seven years and a fine of Rs.5000, with default imprisonment of two years. The prosecution case was that the deceased Maruti and his wife Laxmibai resided at village Bhandare with their son, daughter-in-law, and grandchildren. There was a dispute between the complainant and the accused regarding the right of way between their lands. The deceased Maruti had filed a complaint at Goregaon Police Station alleging that accused Babu had closed his road. On the day of the incident, the accused allegedly assaulted Maruti with sticks, causing injuries that led to his death. The trial court convicted the appellant based on the testimony of interested witnesses. The High Court, on appeal, examined the evidence and found that the prosecution witnesses were closely related to the deceased and their testimony was inconsistent. The medical evidence did not corroborate the prosecution case. The court held that the prosecution had failed to prove the guilt of the appellant beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Culpable Homicide - Section 304 Part-II Indian Penal Code, 1860 - Conviction based on unreliable evidence - The appellant was convicted for causing death of Maruti in a dispute over right of way. The High Court found that the prosecution witnesses were interested and their testimony was inconsistent. The medical evidence did not support the prosecution case. The court held that the conviction was not sustainable and acquitted the appellant. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant under Section 304 Part-II of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part-II IPC
- Burden of proof
- Appreciation of evidence
- Right of way dispute
