Case Note & Summary
The appellant, Santosh Jambu Koge, was convicted by the Sessions Judge, Kolhapur, for the murder of Shital Patil under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment. The incident occurred on 06.05.2009 during a marriage ceremony in the village. The deceased, Shital Patil, had gone to attend the marriage on his motorcycle. The appellant allegedly asked Shital why he was staring at him, slapped him, and when Shital pushed him back, the appellant lifted Shital and threw him on the tar road, caught hold of his face, banged his head on the road, and kicked and punched him. Shital was rescued by bystanders and taken to the hospital, where he was declared dead. The complainant, Ajit Patil, brother of the deceased, lodged an FIR at Gandhinagar Police Station. The prosecution examined eyewitnesses including Ashok Shinde, Pradeep Magdum, and Anil Londhe, who corroborated the sequence of events. The medical evidence showed that the cause of death was head injury due to blunt force impact. The appellant argued that the incident was a sudden quarrel and the death was accidental, not intentional. The court, however, found that the appellant's act of lifting the victim and banging his head on the road indicated an intention to cause death, as the victim was unarmed and the appellant used excessive force. The court upheld the conviction under Section 302 IPC, dismissing the appeal.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Fatal Assault - The appellant was convicted for murder under Section 302 IPC for throwing the victim on a tar road and banging his head, causing death. The court examined the evidence of eyewitnesses and medical reports to determine if the act amounted to murder. Held that the appellant's actions were intentional and caused death, confirming the conviction (Paras 1-27).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murder is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction of the appellant under Section 302 IPC and sentence of life imprisonment are confirmed.
Law Points
- Murder
- Section 302 IPC
- intention to cause death
- fatal assault
- dying declaration
- circumstantial evidence
Case Details
2017 LawText (BOM) (09) 98
Criminal Appeal No.968 of 2010
R. M. Savant, Smt. Sadhana S. Jadhav
Shri. Uday P. Warunjikar for the Appellant, Mrs. P. P. Shinde, APP for the Respondent State
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC.
Remedy Sought
Appellant sought acquittal from the conviction and sentence of life imprisonment.
Filing Reason
Appellant was convicted for murder of Shital Patil by throwing him on tar road and banging his head, causing death.
Previous Decisions
The Sessions Judge, Kolhapur, convicted the appellant under Section 302 IPC and sentenced him to life imprisonment on 19.11.2010.
Issues
Whether the act of the appellant amounts to murder under Section 302 IPC or culpable homicide not amounting to murder.
Whether the evidence of eyewitnesses is credible and sufficient to sustain conviction.
Submissions/Arguments
Appellant argued that the incident occurred during a sudden quarrel and there was no intention to cause death, thus the offence would be culpable homicide not amounting to murder.
Prosecution argued that the appellant's act of lifting the victim and banging his head on the road showed clear intention to cause death, and the medical evidence supported the charge of murder.
Ratio Decidendi
The act of the appellant in lifting the victim and banging his head on the tar road, coupled with kicks and fist blows, indicates an intention to cause death, especially when the victim was unarmed and the appellant used excessive force. Such an act falls within the ambit of murder under Section 302 IPC.
Judgment Excerpts
The conviction of the accused i.e. the Appellant herein above under Section 302 of the Indian Penal Code and he being sentenced to suffer life imprisonment and pay a fine of Rs.5,000/ by the judgment and order dated 19.11.2010 passed by the Learned Sessions Judge4, Kolhapur is taken exception to by way of the above Appeal.
The case of the prosecution is as follows : That the Complainant was one Ajit Annaso Patil.
Procedural History
The appellant was convicted by the Sessions Judge, Kolhapur on 19.11.2010 under Section 302 IPC and sentenced to life imprisonment. He appealed to the Bombay High Court against the conviction and sentence.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302
