Case Note & Summary
The case involves two criminal appeals filed by Sudhakar Pawar (accused 1) and Balidas Pawar (accused 2) against the judgment and order dated 17.01.2004 in Sessions Trial 92/1997 passed by the Additional Sessions Judge, Amravati. The appellants were convicted under Section 304 Part II read with Section 34 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for five years and a fine of Rs.250 each. They were originally charged under Section 302 read with Section 34 IPC for murder, but the trial court acquitted them of murder and convicted them for culpable homicide not amounting to murder. The prosecution case is that on 08.09.1991, the complainant Shalu Daryadas Bhosale was sleeping in front of her hut with the deceased Fulabai Nagindas Pawar, her sister-in-law. The complainant awoke to hear Fulabai shouting and saw accused 1 Sudhakar assaulting Fulabai with a stick. The complainant's husband Daryadas rushed to the spot and caught hold of Sudhakar. Accused 2 Balidas then inflicted a stick blow on Fulabai's stomach. Daryadas shouted that the person being assaulted was Fulabai, and then Balidas assaulted Daryadas with a stick. Daryadas used Sudhakar as a shield, causing Sudhakar to receive stick blows. The legal issue is whether the appellants are guilty of murder or culpable homicide not amounting to murder. The court heard arguments from Shri Vinay Dahat for accused 1 and Shri H.R. Dhumale for the State. The court noted that the learned counsel for accused 2 remained absent and decided the appeal on merits after scrutiny of record, following the dictum in Bani Singh vs. State of Maharashtra. The court upheld the conviction under Section 304 Part II IPC, finding that the injuries were not sufficient in the ordinary course of nature to cause death and there was no intention to cause death. The appeals were dismissed.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part II read with Section 34 Indian Penal Code, 1860 - Appellants convicted for causing death by stick blows - Court held that the injuries were not sufficient in the ordinary course of nature to cause death and there was no intention to cause death, thus offence falls under Section 304 Part II IPC (Paras 1-4).
Issue of Consideration
Whether the appellants are guilty of murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 Part II IPC, and whether the conviction under Section 304 Part II read with Section 34 IPC is sustainable.
Final Decision
Both criminal appeals are dismissed. The conviction and sentence under Section 304 Part II read with Section 34 IPC are upheld.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part II IPC
- Section 34 IPC
- Common intention
- Stick assault
- Absence of intention to cause death
