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 case was that on 7-10-1995 at about 11:30 p.m., the deceased abused the accused persons (appellant and his keep, accused no.2), leading to a quarrel. 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 and acquitted accused no.2. The appellant appealed to the Bombay High Court. The High Court re-appreciated the evidence and found that the weapon used was a wooden plank, not a lethal weapon, and the blow was not aimed at a vital part with intention to cause death. The court held that the appellant had no intention to kill but only to chastise, and the death was caused by a single blow. Therefore, the offence fell under Section 304 Part II IPC (culpable homicide not amounting to murder) rather than Section 302. The court altered the conviction from Section 302 to Section 304 Part II IPC and reduced the sentence to the period already undergone (about 7 years). The appeal was partly allowed.
Headnote
A) Criminal Law - Murder - Culpable Homicide not amounting to murder - Section 302, 304 Part II IPC - The appellant was convicted under Section 302 IPC for causing death by a single blow with a wooden plank. The High Court held that the weapon used was not lethal, the blow was not aimed at a vital part, and there was no intention to cause death. The conviction was altered to Section 304 Part II IPC. (Paras 1-5) B) Criminal Law - Appreciation of Evidence - Eye Witness Testimony - The court scrutinized the evidence of eye witnesses and found inconsistencies, but still upheld the occurrence. The acquittal of co-accused did not automatically entitle the appellant to acquittal. (Paras 3-4)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for murder is sustainable on the basis of evidence on record, and if not, what lesser offence is made out.
Final Decision
Appeal partly allowed. Conviction under Section 302 IPC is set aside and altered to Section 304 Part II IPC. Sentence reduced to period already undergone.
Law Points
- Culpable Homicide not amounting to murder
- Lack of intention to cause death
- Alteration of conviction from Section 302 to Section 304 Part II IPC
- Appreciation of evidence in criminal appeal
