Case Note & Summary
The appellant, Sagar Bhagwat Gawande, was convicted by the Additional Sessions Judge, Khamgaon for the murder of his wife Archana under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The prosecution case was that the appellant and his family members ill-treated Archana for dowry, and on the night of 2 October 2012, the appellant quarrelled with her and pressed her neck, causing her death. The appellant informed the police and the victim's father about the incident. The trial court convicted the appellant based on circumstantial evidence and the appellant's own statement. On appeal, the Bombay High Court examined the evidence and found that the prosecution failed to prove the dowry demand as a motive for murder. The court noted that the appellant had informed the police immediately and there was no premeditation. The medical evidence showed that death was caused by asphyxia due to pressure on the neck, but there was no intention to kill. The court held that the offence falls under Section 304 Part I IPC (culpable homicide not amounting to murder) as the act was done with the knowledge that it was likely to cause death but without intention to cause death. The court set aside the conviction under Section 302 IPC and convicted the appellant under Section 304 Part I IPC, sentencing him to the period already undergone (about 5 years) and reducing the fine. The appeal was partly allowed.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction set aside - Death caused by pressing neck during quarrel - No premeditation or intention to kill - Offence falls under Section 304 Part I IPC - Held that the act was done with knowledge that it was likely to cause death but without intention to cause death (Paras 1-20). B) Criminal Law - Dowry Death - Section 304B IPC - Not applicable - Demand of money not proved as dowry demand - No evidence of cruelty or harassment soon before death - Held that ingredients of Section 304B not satisfied (Paras 2-10). C) Criminal Law - Evidence - Circumstantial Evidence - Inconsistencies in prosecution case - Benefit of doubt given - Held that prosecution failed to prove guilt beyond reasonable doubt (Paras 15-20).
Issue of Consideration
Whether the conviction under Section 302 of the Indian Penal Code for murder is sustainable or whether the offence falls under a lesser degree of culpable homicide.
Final Decision
Appeal partly allowed. Conviction under Section 302 IPC set aside. Appellant convicted under Section 304 Part I IPC and sentenced to imprisonment for the period already undergone (about 5 years) and fine of Rs.500/- with default sentence of six months.
Law Points
- Section 302 IPC
- Section 304 Part I IPC
- Section 304 Part II IPC
- Culpable Homicide
- Murder
- Intention
- Knowledge
- Dowry Death
- Section 304B IPC
- Section 498A IPC
