Case Note & Summary
The appellant, Pankaj @ Pintu Rajendra Marve, was convicted by the learned Extra Joint Adhoc Additional Sessions Judge, Wardha in Sessions Trial No.147 of 2009 for the offence punishable under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life and a fine of Rs.1000/-, with a default sentence of three months. He was acquitted of the offence under Section 201 IPC. The prosecution case was that on 1.8.2009 at around 9.00 p.m., the complainant PW6 Pankaj Deotare and the deceased Khushal Patil went to the house of one Ashik Sweeper for settlement of a case. When they were returning, the accused intercepted their motorcycle, abused them, pulled the deceased from the motorcycle, and despite requests from the complainant and his mother, lifted a big stone and dropped it on the head of Khushal, causing bleeding injuries and instantaneous death. The trial court convicted the appellant under Section 302 IPC. The appellant challenged the conviction, arguing that the offence was not murder but culpable homicide not amounting to murder under Section 304 IPC, as the act was done in a sudden quarrel without premeditation. The High Court examined the evidence of eye-witnesses PW6 Pankaj Deotare and PW10 Kiran Tandulkar, and found their testimony credible and consistent. The court noted that the accused used a big stone, which is a dangerous weapon, and dropped it on the head, a vital part, from a height, indicating intention to cause death. The court held that the case does not fall under Exception 4 to Section 300 IPC as there was no sudden quarrel; the accused intercepted the deceased and assaulted him with premeditation. The court also considered the medical evidence which showed a fatal head injury. The High Court dismissed the appeal and upheld the conviction under Section 302 IPC.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction upheld - Accused dropped a big stone on the head of the deceased causing instantaneous death - The act was done with intention to cause death as the stone was heavy and dropped from height on a vital part - Held that the case does not fall under Exception 4 to Section 300 IPC as there was no sudden quarrel and the accused acted with premeditation (Paras 1-20). B) Criminal Law - Culpable Homicide - Section 304 Indian Penal Code, 1860 - Not applicable - The nature of injury and the weapon used (big stone) indicate intention to cause death - The accused did not act in a sudden fight but intercepted the deceased and assaulted him - Held that the offence is murder, not culpable homicide not amounting to murder (Paras 15-20).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murder is sustainable or whether the offence falls under Section 304 Part I or Part II of the IPC.
Final Decision
The High Court dismissed the appeal and upheld the conviction of the appellant under Section 302 IPC and the sentence of life imprisonment and fine.
Law Points
- Murder
- Culpable Homicide
- Section 302 IPC
- Section 304 IPC
- Intention to Cause Death
- Knowledge of Likely Death
- Exception 4 to Section 300 IPC
- Sudden Quarrel
- Premeditation
- Evidence of Eye-witnesses
- Circumstantial Evidence
