Case Note & Summary
The appellant, Shaikh Nazim, was convicted by the Additional Sessions Judge, Amravati, for the offence punishable under Section 304 Part II of the Indian Penal Code (IPC) and sentenced to seven years rigorous imprisonment and a fine of Rs. 5,000. He appealed against this conviction. The appellant and eight others were originally charged with various offences including murder (Section 302 read with Section 149 IPC) for causing the death of Nilesh Ganeshrao Masalkar. After trial, the court acquitted accused nos. 2 to 9 of all charges, and the appellant was acquitted of all charges except under Section 304 Part II IPC. The State did not appeal against the acquittals. The sole issue before the High Court was whether the appellant's conviction under Section 304 Part II IPC was correct. The court examined the evidence and submissions, and upheld the conviction, finding that the appellant had knowledge that his act of striking the deceased with a stick was likely to cause death, but there was no intention to cause death. The court dismissed the appeal.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part II Indian Penal Code, 1860 - Conviction based on single blow causing death - The appellant was convicted under Section 304 Part II IPC for causing the death of the deceased by a single blow with a stick. The court upheld the conviction, noting that the appellant had knowledge that his act was likely to cause death, but there was no intention to cause death. The acquittal of co-accused and the State's failure to appeal did not affect the appellant's conviction. (Paras 1-6)
Issue of Consideration
Whether the appellant was rightly convicted for the offence punishable under Section 304 Part II of the Indian Penal Code.
Final Decision
Appeal dismissed; conviction and sentence under Section 304 Part II IPC upheld.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part II IPC
- Single blow
- Knowledge of death
- Acquittal of co-accused
- No appeal by State
