Case Note & Summary
The appellant, Baba Bapurao Mungale, was convicted by the Additional Sessions Judge, Wardha, in Sessions Case No. 30 of 2011 for the 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. 5,000. The prosecution case was that on 12th November 2010, the appellant used abusive language against the father and brother of the first informant, Wasudeo Admane (PW 1). Later, when the first informant, his brother Maroti (PW 4), and the deceased Kisana Admane went to the appellant's house to question him, the appellant assaulted Kisana with a stick on his head, causing him to fall. Kisana died on the spot. The appellant was charged under Section 302 IPC, but the trial court convicted him under Section 304 Part II IPC. The appellant appealed against the conviction. The High Court examined the evidence of eyewitnesses PW 1, PW 4, and PW 5, and found their testimonies consistent and corroborated by the medical evidence, which showed a fatal head injury. The court held that the appellant had the knowledge that a blow on the head with a stick was likely to cause death, and the act did not fall under any exception to murder. The court upheld the conviction and sentence, finding no merit in the appeal.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part II, Indian Penal Code, 1860 - The appellant was convicted for causing the death of the deceased by inflicting a stick blow on the head. The court held that the appellant had knowledge that such a blow on a vital part was likely to cause death, and the act did not fall under any exception to murder. The conviction was upheld. (Paras 1-10) B) Evidence - Oral testimony - Credibility of witnesses - The prosecution examined eyewitnesses PW 1, PW 4, and PW 5, whose testimonies were found consistent and corroborated by medical evidence. The court held that minor contradictions did not affect the core of the prosecution case. (Paras 5-8) C) Sentencing - Adequacy of sentence - Section 304 Part II IPC - The appellant was sentenced to seven years rigorous imprisonment and a fine of Rs. 5,000. The court found the sentence appropriate given the nature of the offence and the age of the appellant (70 years). (Para 10)
Issue of Consideration
Whether the conviction of the appellant under Section 304 Part II of the Indian Penal Code, 1860 is sustainable on the basis of the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence under Section 304 Part II IPC are upheld.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part II IPC
- Knowledge of likelihood of death
- Intention to cause bodily injury
- Fatal assault with stick
- Conviction upheld
