The appeal case from the Additional Sessions Judge, Amravati (Sessions Case No. 52/2015), Ravindra, Ashish, and Vaibhav were convicted under Sections 302, 324, and 506 read with Section 34 of the IPC for assaulting and causing the death of Pramod. The incident occurred due to property disputes and prior accusations of outraging modesty. Eyewitness testimonies, including those of the victim's wife and daughter, supported the prosecution's case. The defense claimed accidental death. The court reclassified the offense to culpable homicide not amounting to murder under Section 304 Part II, reducing the sentences of Ashish and Vaibhav to eight years of rigorous imprisonment.

Case Information

• Trial Court: Additional Sessions Judge, Amravati
• Case Number: Sessions Case No.52/2015
• Date of Judgment: 13.04.2022
• Sections of IPC: Sections 302, 324, 506 read with Section 34
• Nature of Appeal: Filed under Section 374(2) of Cr.P.C.

Conviction and Sentences

• Convicted for:
  • Section 302 (Murder): Imprisonment for life and a fine of Rs. 10,000/-
  • Section 324 (Hurt): Simple imprisonment for one month and a fine of Rs. 3000/-
  • Section 506 (Criminal Intimidation): Simple imprisonment for one year and a fine of Rs. 5000/-
• All sentences to run concurrently.
• Acquittal: Accused No. 3 Kamal was acquitted.

Appellants

1. Ravindra (Accused No.1) - Father
2. Ashish (Accused No.2) - Son
3. Vaibhav (Accused No.4) - Son

Prosecution Case

• Incident Date: 22.11.2014
• Location: In front of the deceased’s house
• Victim: Pramod
• Witnesses: Sangita Wankhede (wife of the deceased), Kranti (daughter), and neighbors.
• Motive: Strained relations due to property disputes and previous accusations of outraging modesty by Vaibhav against Pramod’s daughter.
• Event: Accused assaulted Pramod with sticks, leading to his death.

Key Evidence

• Eyewitnesses:
  • PW-1 Sangita: Credible account of the assault, corroborated by medical evidence and witness testimonies.
  • PW-3 Kranti: Injured eyewitness; her testimony was initially rejected by the Trial Court but is reconsidered in the appeal.
  • PW-4 Suresh: Independent neighbor eyewitness.
• Medical Evidence: Injuries on PW-1 and PW-3 corroborated by Dr. Snehal.
• Injuries and Medical Certificates: Presented by Dr. Snehal for PW-1 and PW-3.

Defense

• Claim: Total denial and false implication.
• Alternate Defense: Accidental death due to falling into a cement drain during a scuffle.
• Discrepancies: Defense argued minor discrepancies in the eyewitness accounts.

Legal Precedents and Principles

• Single Witness Testimony: Courts can rely on a single credible witness (Vadivelu Thevar v. State of Madras, AIR 1957 SC 614).
• Injured Witnesses: Higher evidentiary value and reliable unless strong reasons to discard (Lakshman Singh v. State of Bihar, (2021) 9 SCC 191).

Judgment Summary

• Conviction Basis: Testimony of PW-1 Sangita supported by PW-3 Kranti and PW-4 Suresh.
• Rejected Evidence: Disclosures and seizures due to lack of corroboration.
• Minor Injuries to Accused: Not required to be explained by the prosecution.

Key Points

• PW-1 Sangita's Testimony: Reliable and supported by medical evidence and other witnesses.
• Incident Timing: Report lodged within two hours of the incident, lending credibility to the prosecution's case.
• Accused's Act: Assault on Pramod leading to his death was established.
• Nature of Offense: The court had to determine whether the act amounted to murder or culpable homicide not amounting to murder.

Legal Analysis

• Culpable Homicide vs. Murder: The court analyzed the intention behind the act, considering various factors and legal precedents.
• Supreme Court Guidelines: Consideration of multiple circumstances to determine intention (Pulicherla Nagaraju v. State of A.P., (2006) 11 SCC 444).

Conclusion

• Reclassification of Offense: The act of the accused was deemed culpable homicide not amounting to murder under Section 304 Part II of the IPC.
• Sentence Modification: Accused No. 2 and 4's sentences were reduced to eight years of rigorous imprisonment.
• Appeal Outcome: Partly allowed, with modification of the conviction and sentence.

Final Judgment

• Accused No. 1 Ravindra: Appeal abated due to his death on 17.05.2023.
• Accused No. 2 Ashish and Accused No. 4 Vaibhav: Conviction modified to Section 304 Part II with eight years of rigorous imprisonment. Other sentences and fines as imposed by the Trial Court are maintained.
• Appeal Status: Disposed of accordingly.