Case Note & Summary
The case arises from a factional clash in Mankil village, Balapur, Akola. The appellants, along with others, were tried for various offences including murder and hurt. The Trial Court convicted accused No.1 Shivaji under Section 324 IPC for cutting the left ear pinna of PW4 Jagdeo with an axe, and accused No.5 Anand under Section 304 Part II IPC for causing the death of Ratan by a stick blow on the head, and also for causing hurt to PW6 Vinayak and PW7 Ramesh. The remaining 20 accused were acquitted. The convicted accused appealed against their conviction (Criminal Appeal No. 448/2002), and the State appealed against the acquittal and sought enhancement of sentence (Criminal Appeal No. 619/2002). The High Court refused leave to appeal against acquittal and only entertained the State's appeal for enhancement. The Court examined the evidence and found that the prosecution had proved the case beyond reasonable doubt against the convicted accused. The Court held that the blow by Anand was delivered without intention to kill but with knowledge, and the injury by Shivaji was grievous. The Court dismissed the appeal of the accused and also dismissed the State's appeal for enhancement, finding the sentence of ten years RI adequate.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part II Indian Penal Code, 1860 - Death caused by a single stick blow on head - Accused Anand convicted for causing death with knowledge but without intention - Held that the blow was delivered in a factional clash without premeditation, and the conviction under Section 304 Part II is correct (Paras 2-5). B) Criminal Law - Grievous Hurt - Section 324 Indian Penal Code, 1860 - Cutting of ear pinna with axe - Accused Shivaji convicted for causing hurt by a dangerous weapon - Held that the injury was grievous and the conviction is proper (Paras 2-5). C) Criminal Law - Appeal against acquittal - Leave refused - State appeal for enhancement of sentence - Held that the sentence of ten years RI for culpable homicide is adequate and no enhancement is warranted (Paras 2-5).
Issue of Consideration
Whether the conviction of the appellants under Sections 304 Part II and 324 IPC is sustainable and whether the sentence imposed is adequate.
Final Decision
Both appeals dismissed. Conviction and sentence of accused No.1 and No.5 upheld.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part II IPC
- Section 324 IPC
- Common object
- Factional rivalry
- Appreciation of evidence
- Benefit of doubt
