Case Note & Summary
The appellant, Dinesh @ Pappu Dnyandeo Alkute, was convicted by the Additional Sessions Judge, Ahmednagar, for offences punishable under Section 304 Part I and Section 201 of the Indian Penal Code, 1860. The incident occurred on the night of 30th March 2011, after a cricket match between India and Pakistan was telecast live in a temple at Civil HUDCO, Nagar. The appellant and his friends were near a cycle shop when the deceased, Raju Dinde, approached and started abusing them without reason. In response, the appellant and his friends assaulted Raju with sticks and other weapons. Raju died as a result of the injuries. The appellant and his friends then disposed of the body by throwing it into a river. The trial court sentenced the appellant to 10 years rigorous imprisonment for the offence under Section 304 Part I and a further sentence for the offence under Section 201. The appellant appealed against the conviction and sentence. The High Court, after hearing both sides, upheld the conviction, finding that the evidence clearly established the appellant's guilt. The court noted that the appellant had the intention to cause bodily injury likely to cause death, and the act was done in a sudden quarrel without premeditation, thus falling under Section 304 Part I. The court also upheld the conviction under Section 201 for causing disappearance of evidence. The appeal was dismissed.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part I, Indian Penal Code, 1860 - The appellant was convicted for causing death of the deceased by assaulting him with a stick after a cricket match dispute. The court upheld the conviction, finding that the appellant had the intention to cause such bodily injury as was likely to cause death, and the act was done in a sudden quarrel without premeditation. (Paras 1-10) B) Criminal Law - Causing disappearance of evidence - Section 201, Indian Penal Code, 1860 - The appellant was also convicted for causing the disappearance of the evidence of the offence by disposing of the dead body. The court held that the appellant's conduct in removing the body and throwing it in a river amounted to an attempt to screen himself from punishment. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant under Section 304 Part I and Section 201 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Sections 304 Part I and 201 of the Indian Penal Code are upheld.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part I IPC
- Section 201 IPC
- Causing disappearance of evidence
- Common intention
- Appreciation of evidence
- Circumstantial evidence
