Case Note & Summary
The judgment arises from two appeals against the trial court's decision in Sessions Case No.41 of 1999. The incident occurred on 22nd September 1998 when a sudden quarrel broke out between the accused and the deceased. Accused No.1, Sunil Gaikwad, struck the deceased on the head with a stick, causing a fatal injury. Accused No.2, Lahu Parve, caused simple injuries with a knife. The trial court convicted Accused No.1 under Section 304 Part II IPC (culpable homicide not amounting to murder) and sentenced him to five years rigorous imprisonment and a fine of Rs.5,000. Accused No.2 was convicted under Section 324 IPC (voluntarily causing hurt by dangerous weapons) and sentenced to one year rigorous imprisonment and a fine of Rs.2,000. Both accused were acquitted of the more serious charges under Sections 302 (murder) and 307 (attempt to murder) read with Section 34 IPC. The State appealed against the acquittals, while Accused No.1 appealed against his conviction. The High Court examined the evidence and found that the incident was a sudden quarrel without premeditation. The single blow on the head was not intended to cause death, and there was no common intention between the accused. The court upheld the conviction of Accused No.1 under Section 304 Part II IPC and the acquittal of both accused under Sections 302 and 307 IPC. The court also upheld the conviction of Accused No.2 under Section 324 IPC. The appeals were dismissed.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Exception 4 to Section 300 IPC - Sudden quarrel - Single blow - The court considered whether a single blow on the head with a stick during a sudden quarrel amounts to murder or culpable homicide not amounting to murder. Held that the incident occurred on the spur of the moment without premeditation, and the single blow was not intended to cause death, thus falling under Exception 4 to Section 300 IPC and punishable under Section 304 Part II IPC (Paras 1-10). B) Criminal Law - Acquittal under Section 302 and 307 IPC - No common intention - The court upheld the acquittal of both accused under Sections 302 and 307 read with Section 34 IPC as there was no evidence of common intention to cause death or attempt to murder. The injuries caused by Accused No.2 were simple, and the death was caused solely by Accused No.1's blow (Paras 1-10).
Issue of Consideration
Whether the conviction of Accused No.1 under Section 304 Part II IPC is sustainable and whether the acquittal of both accused under Sections 302 and 307 IPC is correct.
Final Decision
Both appeals dismissed. Conviction of Accused No.1 under Section 304 Part II IPC and Accused No.2 under Section 324 IPC upheld. Acquittal under Sections 302 and 307 IPC upheld.
Law Points
- Culpable Homicide not amounting to murder
- Exception 4 to Section 300 IPC
- Sudden quarrel
- Single blow
- Section 304 Part II IPC
- Section 324 IPC
- Section 302 IPC
- Section 307 IPC
- Section 34 IPC
