Case Note & Summary
The appellant, Laldas s/o Ganpatrao Katole, was convicted by the 3rd Ad-hoc Additional Sessions Judge, Nagpur, in Sessions Trial No.86/2001 for the offence punishable under Section 304 Part-II of the Indian Penal Code (IPC) and sentenced to four years rigorous imprisonment and a fine of Rs.2000. The incident occurred on 13.5.2000 at about 11:00 am when the deceased Shivram was cutting branches of a babool tree on the dhura (boundary) between his field and that of the accused. The accused objected, leading to a quarrel, during which the accused gave a single blow with a stick on Shivram's head. Shivram fell down, sustained a bleeding injury, and was taken to the hospital where he was declared dead. The accused himself lodged a report at Jalalkheda Police Station confessing his guilt. The prosecution relied on the testimony of PW1 Dr. Ravindra Ade (Medical Officer), PW6 Sheela (daughter-in-law of deceased), PW9 Rajnarayan Mishra (Investigating Officer), and PW10 Namdeo Ingole (Investigating Officer). The trial court convicted the accused under Section 304 Part-II IPC. On appeal, the High Court considered the nature of the injury and the circumstances. The medical evidence showed a fracture of the skull and intracranial hemorrhage, indicating that the blow was on a vital part. However, the court noted that there was no premeditation, the quarrel was sudden, and only one blow was given. The court held that the act was done with the knowledge that it was likely to cause death but without intention to cause death, thus falling under Section 304 Part-II IPC. The conviction was upheld, and the appeal was dismissed.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part-II Indian Penal Code, 1860 - Single blow on head with stick during sudden quarrel - Accused and deceased were adjoining landholders with enmity over boundary and babool trees - Accused objected to deceased cutting tree branches, quarrel ensued, accused gave one stick blow on head causing death - Medical evidence showed fracture of skull and intracranial hemorrhage - Held that the act was done with knowledge that it was likely to cause death but without intention to cause death, as there was no premeditation and only one blow was given - Conviction under Section 304 Part-II upheld (Paras 2, 7-9).
Issue of Consideration
Whether the conviction under Section 304 Part-II IPC is sustainable based on the evidence of a single stick blow to the head during a sudden quarrel over land boundary.
Final Decision
Appeal dismissed. Conviction under Section 304 Part-II IPC upheld. Sentence of four years RI and fine of Rs.2000 confirmed.
Law Points
- Culpable homicide not amounting to murder
- Section 304 Part-II IPC
- Single blow
- Knowledge of likely death
- No intention to cause death
