Case Note & Summary
The appellant, Amar Singh Rathod, was convicted by the 2nd Additional Sessions Judge, Nagpur, for offences under Sections 304-II and 452 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for 5 years and 3 years respectively, with fines. The appeal challenged the conviction. The facts reveal that on 24.02.2002, the appellant entered the house of Rambhau (deceased) without permission and kicked him on the chest. Rambhau, who was suffering from heart disease and under treatment, fell and died. The prosecution examined witnesses including the deceased's wife Kamlabai (PW2), who lodged the FIR, and brother-in-law Lokeshwari (PW1), who witnessed the incident. The medical evidence showed that the deceased died due to cardiac arrest caused by the assault. The court considered the oral dying declaration made by the deceased to his wife and brother-in-law, naming the appellant. The court held that the appellant had knowledge of the deceased's heart condition and that his act of kicking was likely to cause death, thus falling under Section 304-II IPC. The entry into the house without permission with intent to commit assault constituted house trespass under Section 452 IPC. The court found no merit in the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304-II Indian Penal Code, 1860 - Knowledge of heart disease - The appellant kicked the deceased on the chest, knowing that the deceased was suffering from heart disease and was under treatment. The kick caused the deceased to fall and die due to cardiac arrest. The court held that the appellant had knowledge that his act was likely to cause death, and thus the offence falls under Section 304 Part II. (Paras 1-2, 10-12) B) Criminal Law - House Trespass - Section 452 Indian Penal Code, 1860 - Entry into house with intent to commit offence - The appellant entered the house of the deceased without permission and assaulted him. The court held that the appellant committed house trespass in order to commit the offence of assault, and thus the conviction under Section 452 IPC is sustainable. (Paras 1, 10-12) C) Evidence Law - Oral dying declaration - Credibility - The deceased made an oral dying declaration to his wife and brother-in-law naming the appellant as the assailant. The court found the dying declaration reliable as it was made immediately after the incident and corroborated by medical evidence. (Paras 5-7, 10-12)
Issue of Consideration
Whether the conviction of the appellant under Sections 304-II and 452 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the 2nd Additional Sessions Judge, Nagpur in Sessions Trial No.272/2002 dated 29.10.2004 are upheld.
Law Points
- Culpable Homicide not amounting to murder
- House Trespass
- Section 304-II IPC
- Section 452 IPC
- Knowledge of heart disease
- Intention to cause death
- Fatal assault
- Medical evidence
- Oral dying declaration
