The case is a criminal appeal against the judgment of the Additional Sessions Judge, Nagpur, convicting the appellants, Kamlesh and Shekhar Dubey, under Section 302 read with Section 34 of the Indian Penal Code (IPC). They were sentenced to life imprisonment for the murder of Sumit Kamble. The Bombay High Court upheld the conviction, rejecting the appellants' plea to downgrade the offense to culpable homicide not amounting to murder under Section 304 IPC.

The appellants were accused of murdering Sumit Kamble following disputes over Kamlesh's marriage to Sumit's sister. The murder involved stabbing and driving a vehicle over the deceased. The High Court found the act deliberate, brutal, and not arising out of sudden provocation.

1. Case Background

• Appellants: Kamlesh and Shekhar Dubey.
• Victim: Sumit Kamble, related to Kamlesh by marriage.
• Dispute Origin: Kamlesh married Sumit's sister against Sumit's wishes, leading to animosity.

2. Incident

• Date: September 19, 2017.
• Place: Bhandewadi Dumping Yard, Nagpur.
• Appellants assaulted Sumit with knives and subsequently drove a garbage vehicle over him, causing his death.

3. Investigation and Trial

• Evidence:
  • Eyewitness testimony from Rahul (PW-2), Yogiraj (PW-5), and Rita (PW-6).
  • Medical reports detailing multiple stab wounds, fractures, and evidence of the vehicle crushing the head.
  • Recovery of knives and blood-stained clothing.
• Trial Court Findings: Convicted under Section 302 IPC for murder.

4. Appellants' Defense

• Claims of sudden provocation and self-defense.
• Argued for application of Exception 4 to Section 300 IPC, reducing the offense to culpable homicide not amounting to murder.

5. High Court Observations

• Found the act premeditated as the accused carried weapons and acted with brutality.
• Rejected the applicability of Exception 4 to Section 300 IPC, noting the absence of grave provocation.
• Upheld the conviction under Section 302 read with Section 34 IPC.

Acts and Sections Discussed

1. Section 302 IPC: Punishment for murder.
2. Section 34 IPC: Acts done by several persons in furtherance of common intention.
3. Exception 4 to Section 300 IPC: Sudden fight or provocation; ruled inapplicable.
4. Arms Act, 1959: Sections 4 and 25 (acquittal under these sections was not considered material).

Ratio Decidendi:

The deliberate and brutal nature of the act—inflicting multiple stab wounds and crushing the deceased with a vehicle—demonstrates premeditation and common intention. The defense of provocation or sudden fight is untenable as the accused acted with calculated intent to kill.

Subjects:

Criminal Law, Murder, Familial Disputes.

• IPC Section 302
• Murder Conviction
• Premeditation
• Common Intention
• Familial Conflict