Case Note & Summary
The appellant, Pravin @ Balya Ramdaspant Nikam, was convicted by the Additional Sessions Judge, Amravati, for the murder of his father Ramdaspant under Section 302 IPC and for causing hurt to his mother under Section 323 IPC. The incident occurred on 23 July 2015, when the appellant quarreled with his father over hiring an additional pair of bullocks for sowing. Later, the appellant assaulted his father with a stick, causing fatal injuries, and also assaulted his mother. The complainant, Sunil (brother of appellant), found his father injured and was informed by witnesses that the appellant was the assailant. The appellant confessed to the assault and threatened the complainant. The trial court sentenced the appellant to life imprisonment for murder and one year rigorous imprisonment for causing hurt, with sentences to run concurrently. The appellant appealed against the conviction. The High Court, after examining the evidence, found that the prosecution had proved its case beyond reasonable doubt through eyewitness testimony and medical evidence. The court held that the trial court's judgment was correct and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction upheld - Appellant assaulted his father with a stick causing fatal injuries and also assaulted his mother - Oral testimony of eyewitnesses and medical evidence corroborated the prosecution case - Held that the trial court correctly convicted the appellant for murder and causing hurt (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 and Section 323 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 Additional Sessions Judge, Amravati in Sessions Trial No.193 of 2015 are upheld.
Law Points
- Murder
- Section 302 IPC
- Section 323 IPC
- Life Imprisonment
- Conviction upheld
- Family dispute
- Oral evidence
- Medical evidence
Case Details
2018 LawText (BOM) (09) 117
Criminal Appeal No.493 of 2017
P. N. Deshmukh, Mrs. Swapna Joshi
Mr. P.R. Agrawal for the Appellant, Ms. M.H. Deshmukh for the Respondent/State
Pravin @ Balya Ramdaspant Nikam
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Nature of Litigation
Criminal appeal against conviction for murder and causing hurt.
Remedy Sought
Appellant sought acquittal from the conviction and sentence imposed by the trial court.
Filing Reason
Appellant was convicted for murder of his father and causing hurt to his mother.
Previous Decisions
The trial court convicted the appellant under Section 302 and Section 323 IPC and sentenced him to life imprisonment and one year rigorous imprisonment respectively.
Issues
Whether the conviction under Section 302 IPC is sustainable.
Whether the conviction under Section 323 IPC is sustainable.
Submissions/Arguments
Appellant argued that the evidence was insufficient and that the trial court erred in convicting him.
State argued that the prosecution proved its case beyond reasonable doubt through eyewitnesses and medical evidence.
Ratio Decidendi
The court held that the prosecution proved the appellant's guilt beyond reasonable doubt based on the oral testimony of eyewitnesses and medical evidence, and the trial court's judgment was correct.
Judgment Excerpts
This appeal takes exception to the Judgment passed in Sessions Trial No.193 of 2015 by the learned Additional Sessions Judge, Amravati, dt.23.8.2017 by which appellant came to be convicted for the offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer imprisonment for life and to pay a fine of Rs.1000/; in default of payment of fine to suffer further imprisonment for one month.
Procedural History
The appellant was convicted by the Additional Sessions Judge, Amravati on 23.8.2017 in Sessions Trial No.193 of 2015. The appellant filed Criminal Appeal No.493 of 2017 before the High Court of Judicature at Bombay, Nagpur Bench. The appeal was reserved on 5.9.2018 and pronounced on 24.9.2018.
Acts & Sections
- Indian Penal Code, 1860: 302, 323
