Case Note & Summary
The appellant, Balu Sitaram Kamble, was convicted by the Additional Sessions Judge, Sangli, for the murder of Arjun and for causing hurt to Sandeep under Sections 302 and 324 of the Indian Penal Code, respectively. The incident occurred on 8 March 2006 at about 8 pm in Hingangaon Khurd, Taluka Kadegaon, District Sangli. The prosecution case was that the appellant and his co-accused Sitaram were on inimical terms with the family of the first informant, Bhimrao, due to a prior criminal case filed by Bhimrao against the appellant about one year earlier. On the day of the incident, Bhimrao was informed that Sitaram was abusing the deceased Arjun and PW7 Sandeep. When Bhimrao went to the spot, he saw the appellant holding an axe and giving blows on the back of Arjun's head. The appellant also assaulted Sandeep with the axe. Both accused then fled. Arjun was taken to the hospital but died at about 1:45 am. Sandeep sustained a sutured wound on the left frontal region. The postmortem revealed that Arjun died due to shock from subdural haematoma with subarachnoid haemorrhage and fracture of left occipito parietal bone due to head injury. During investigation, a blood-stained axe was recovered at the instance of the appellant. The trial court convicted the appellant under Sections 302 and 324 IPC, sentencing him to life imprisonment for murder and one year rigorous imprisonment for the hurt. The co-accused Sitaram was acquitted. The appellant appealed against the conviction. The High Court examined the evidence of eyewitnesses PW4 Bhimrao and PW7 Sandeep, who were natural witnesses and their testimony was consistent and credible. The medical evidence corroborated the injuries. The recovery of the axe further supported the prosecution case. The court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on eyewitness testimony and medical evidence - The appellant gave axe blows on the head of the deceased causing fatal injuries - The court upheld the conviction as the eyewitnesses were natural and credible, and the medical evidence corroborated the cause of death due to head injury (Paras 1-12). B) Criminal Law - Hurt - Section 324 Indian Penal Code, 1860 - Assault with axe causing injury - The appellant assaulted PW7 Sandeep with an axe causing a sutured wound on the left frontal region - The court upheld the conviction under Section 324 IPC as the injury was caused by a dangerous weapon (Paras 1-12). C) Criminal Law - Common Intention - Section 34 Indian Penal Code, 1860 - Acquittal of co-accused - The co-accused Sitaram was acquitted as there was no evidence of common intention - The appellant alone was convicted for his individual acts (Paras 1-12).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 324 of the Indian Penal Code is sustainable based on the evidence of eyewitnesses, medical evidence, and recovery of the weapon.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the Additional Sessions Judge, Sangli in Sessions Case No.145 of 2006 are confirmed.
Law Points
- Murder
- Section 302 IPC
- Section 324 IPC
- Common intention
- Section 34 IPC
- Dying declaration
- Medical evidence
- Recovery of weapon
