Case Note & Summary
The appellant, Suraj Shrikrushna Sonowane, was convicted by the Sessions Judge, Yavatmal, for the offence punishable under Section 304(I) of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for ten years and a fine of Rs. 1000, with default simple imprisonment for one month. He was acquitted of the offence under Section 201 IPC. The case arose from an incident on 22nd June 2013, when the deceased, Jarbin Gulab Shah, was going towards a bus stop on a motorcycle. The appellant met him and a quarrel ensued over a cotton sale transaction, during which the deceased slapped the appellant. Later, the deceased was proceeding with PW 5 Raju Ramuji Sidam on a motorcycle when the appellant intercepted them, threw chilly powder on them, and after the deceased alighted to clean his face, the appellant kicked him and then struck him on the head with a big stone, causing his death. The complainant, PW 1 Kalim Gulab Shah, lodged a report, and the police registered an offence. The appellant was arrested later from Ahmedabad. The trial court convicted the appellant under Section 304(I) IPC, holding that the act was done with knowledge that it was likely to cause death but without intention to cause death. The appellant appealed against the conviction. The High Court examined the evidence, including the testimony of PW 5 Raju Sidam, an eyewitness, and the medical evidence from PW 8 Dr. Pramod Bawane, who opined that the death was due to head injury caused by a hard and blunt object. The court found that the prosecution had proved its case beyond reasonable doubt. The court noted that the appellant had thrown chilly powder and then used a stone, which indicated knowledge that such an act was likely to cause death, but there was no premeditation or intention to cause death. Therefore, the conviction under Section 304(I) IPC was upheld. The court also considered the argument that the appellant was a juvenile at the time of the offence, but found that the appellant was aged about 22 years at the time of the judgment and had not raised the juvenility plea earlier. The appeal was dismissed.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304(I) Indian Penal Code, 1860 - Conviction for causing death by stone blow during quarrel - Appellant threw chilly powder and then struck deceased on head with a stone - Medical evidence showed death due to head injury - Court held that the act was done with knowledge that it was likely to cause death, but not with intention to cause death, thus falling under Section 304 Part I - Conviction upheld (Paras 1-20).
Issue of Consideration
Whether the appellant is guilty of murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304(I) IPC, and whether the conviction under Section 304(I) IPC is sustainable on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence under Section 304(I) IPC are upheld.
Law Points
- Culpable Homicide not amounting to murder
- Section 304(I) IPC
- Knowledge of death likely
- Stone assault
- Chilly powder attack
- Appreciation of evidence
- Circumstantial evidence
- Medical evidence corroboration
Case Details
2017 LawText (BOM) (12) 137
Criminal Appeal No.132 of 2017
Mr. R.M. Daruwala (appointed) for the appellant, Mrs. S.V. Kolhe, Addl. Public Prosecutor for the respondent/State
Suraj Shrikrushna Sonowane
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Nature of Litigation
Criminal appeal against conviction for culpable homicide not amounting to murder under Section 304(I) IPC.
Remedy Sought
Appellant sought acquittal from the conviction and sentence imposed by the Sessions Court.
Filing Reason
Appellant was convicted for causing death of Jarbin Gulab Shah by striking him on the head with a stone after a quarrel over cotton sale.
Previous Decisions
Sessions Judge, Yavatmal convicted appellant under Section 304(I) IPC and sentenced to 10 years RI and fine; acquitted under Section 201 IPC.
Issues
Whether the conviction under Section 304(I) IPC is sustainable on the evidence on record.
Whether the act of the appellant amounts to murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304(I) IPC.
Submissions/Arguments
Appellant's counsel argued that the prosecution failed to prove the case beyond reasonable doubt, and that the appellant was a juvenile at the time of the offence.
State's counsel supported the conviction, submitting that the evidence of eyewitness PW 5 and medical evidence clearly established the guilt.
Ratio Decidendi
The act of throwing chilly powder and then striking the deceased on the head with a stone, in the absence of premeditation, indicates knowledge that death was likely but not intention to cause death, thus falling under Section 304 Part I IPC.
Judgment Excerpts
This appeal is filed against judgment and order dated 2nd April, 2016 passed by learned Sessions Judge, Yavatmal in Sessions Trial No.82 of 2015, vide which appellant came to be convicted for the offence punishable under Section 304(I) of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.1000/-, in default to suffer S.I. for one month.
On 22nd June, 2013, PW 1 Kalim Gulab Shah, brother of deceased Jarbin Gulab Shah, lodged report, Exh.42, contending that on that day at 10 a.m. deceased was going towards bus stop of village Dighi on the motorcycle of one Shrikrishna Marbate when appellant met and quarrel took place between them on transaction of sale of cotton, during the course of which deceased had given 2 – 3 slaps to appellant.
It is further case of prosecution that deceased thereafter along with PW 5 Raju Ramuji Sidam while was proceeding on the motorcycle, appellant met and on intercepting them threw chilly powder on their person due to which Raju Sidam left the company of deceased, who after alighting from the motorcycle while was cleaning chilly powder from his face was given a kick blow by appellant due to which he fell down on the ground and was thereafter assaulted on his head by appellant by means of big stone causing his death.
Procedural History
The appellant was convicted by the Sessions Judge, Yavatmal on 2nd April 2016 in Sessions Trial No.82 of 2015 under Section 304(I) IPC and sentenced to 10 years RI. He filed the present appeal before the Bombay High Court, Nagpur Bench, which was heard and dismissed on 22nd December 2017.
Acts & Sections
- Indian Penal Code, 1860: 304(I), 201, 302
