Case Note & Summary
The case involves two appeals and a revision arising from the same incident. The appellant in Criminal Appeal No.406/1998, Irappa Madhavrao Tondare, was the original accused No.1 convicted under Section 304-II of the Indian Penal Code, 1860 (IPC) by the Additional Sessions Judge, Latur in Sessions Case No.131/1995. The State of Maharashtra filed Criminal Appeal No.133/1999 against the acquittal of accused Nos. 2 to 4 (Shivaji, Navnath, and Tanaji) for offences under Sections 302, 323, 504, 506 read with Section 34 IPC. The wife of the deceased, Suman Nagnath Tondare, also filed a revision against the acquittal. The incident involved the deceased Nagnath Sadashiv Tondare being killed when accused No.1 drove a tractor in a rash manner, causing the deceased to fall and sustain fatal injuries. The court examined the evidence and found that the act of accused No.1 was rash and negligent, amounting to culpable homicide not amounting to murder under Section 304-II IPC. However, the court held that accused Nos. 2 to 4, who were present at the scene, did not share a common intention to cause death, and their acquittal was upheld. The court dismissed the appeal of accused No.1 and dismissed the State's appeal and the revision against the acquittal of accused Nos. 2 to 4.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304-II IPC - Rash and negligent act - Accused drove tractor in a rash manner causing death of deceased - Held that the act falls under culpable homicide not amounting to murder as there was no intention to cause death but knowledge that such act is likely to cause death (Paras 1-10). B) Criminal Law - Common Intention - Section 34 IPC - Acquittal of co-accused - Accused Nos. 2 to 4 were present at the scene but did not share common intention to cause death - Held that mere presence does not attract Section 34 IPC (Paras 11-15).
Issue of Consideration
Whether the conviction of accused No.1 under Section 304-II IPC is sustainable and whether the acquittal of accused Nos. 2 to 4 under Sections 302, 323, 504, 506 read with Section 34 IPC is correct.
Final Decision
Criminal Appeal No.406/1998 filed by accused No.1 is dismissed; Criminal Appeal No.133/1999 filed by State is dismissed; Criminal Revision Application No.96/1999 filed by Suman is dismissed.
Law Points
- Culpable Homicide not amounting to murder
- Rash and negligent act
- Common intention
- Section 304-II IPC
- Section 34 IPC
- Acquittal of co-accused
