Case Note & Summary
The appellant, Iqbal @ Bada Khan Nasir Shaikh, was convicted by the Additional Sessions Judge, Thane in Sessions Case No.394/2011 for the offence punishable under Section 304 Part II of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for ten years and a fine of Rs.5000, with default imprisonment of three months. The incident occurred on 21st June 2011 at about 9.30 a.m. to 11.00 a.m. at Rashid Compound, Kausa, Mumbra, District Thane. The deceased, Wasim Faruq (also known as Wasim Chapra), was at the house of PW5 Jakir Yusuf Beg. The appellant came there, called Wasim outside, and after a quarrel, slapped and assaulted him. The appellant then lifted a bamboo stick and hit Wasim on the head, causing him to become unconscious and fall. Wasim was taken to Shahin Hospital and then to Kalsekar Hospital, where he was declared dead. The father of the deceased, PW1 Faruq Chapra, lodged a report (Exh.13) at Mumbra Police Station, leading to the registration of C.R.No.I314 of 2011. The appellant was charged under Section 302 IPC for murder. The trial court convicted him under Section 304 Part II 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 and sentence. The High Court of Bombay, in Criminal Appeal No.1205 of 2012, heard the appeal. The appellant argued that the incident was a sudden quarrel and the single blow did not amount to murder. The state argued that the injury was sufficient to cause death in the ordinary course of nature. The court examined the evidence, including the testimony of PW5 Jakir Yusuf Beg, who witnessed the incident, and the medical evidence. The post-mortem report (Exh.22) showed a lacerated wound on the head and a fracture of the skull. The court held that the appellant had no intention to cause death but had knowledge that such a blow was likely to cause death. The court upheld the conviction under Section 304 Part II IPC and confirmed the sentence of ten years' rigorous imprisonment. The appeal was dismissed.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part II Indian Penal Code, 1860 - Single blow with bamboo stick - The appellant hit the deceased once with a bamboo stick on the head, causing death. The court held that the act was done with the knowledge that it was likely to cause death but without intention to cause death, thus falling under Part II of Section 304 IPC. (Paras 1-14) B) Evidence - Medical evidence - Cause of death - Head injury - The post-mortem report showed a lacerated wound on the head and fracture of the skull, leading to death. The court relied on medical evidence to conclude that the injury was sufficient in the ordinary course of nature to cause death. (Paras 8-10) C) Sentencing - Rigorous imprisonment - Section 304 Part II IPC - The appellant was sentenced to rigorous imprisonment for ten years and fine of Rs.5000, with default sentence of three months. The court considered the nature of the offence and the fact that the appellant used a dangerous weapon. (Para 14)
Issue of Consideration
Whether the appellant's act of hitting the deceased with a bamboo stick once, causing death, amounts to murder under Section 300 IPC or culpable homicide not amounting to murder under Section 304 Part II IPC.
Final Decision
The appeal is dismissed. The conviction of the appellant for the offence punishable under Section 304 Part II of the Indian Penal Code and the sentence of rigorous imprisonment for ten years and fine of Rs.5000, in default rigorous imprisonment for three months, is confirmed.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part II IPC
- Single blow
- Knowledge of likelihood of death
- No intention to cause death
