N.V.RAMANA, S.ABDUL NAZEER
Santlal Shrikisan Kutil @ Kaalia @ Mochi – Appellant
Versus
State of Maharashtra – Respondent
Certainly. Here are the key points derived from the provided legal document:
The case involves a distinction between murder under Section 302 of the Indian Penal Code (IPC) and culpable homicide not amounting to murder under Section 304 Part-II of the IPC, based on the nature of the incident and the evidence presented [judgement_subject].
The incident arose from an altercation between the appellant and the deceased over sharing liquor, which resulted in injuries inflicted with a stone. The deceased succumbed after seven days of treatment [fact_of_the_case].
The prosecution proved the occurrence of the incident but the evidence indicated that it was a case of culpable homicide not amounting to murder, rather than murder. The court found that the appellant's actions did not meet the criteria for murder under Section 302, IPC [finding_of_the_court].
The appellant's conviction under Section 302, IPC was set aside, and he was convicted under Section 304 Part-II, IPC, with a sentence of seven years imprisonment. The court emphasized the nature of the altercation, the relationship between the accused and the victim, and the time gap between injuries and death as factors for this decision [final_decision].
The court scrutinized the reliability of the evidence, including the alleged dying declaration, which was not recorded in accordance with legal principles, and the absence of eyewitnesses. It also noted delays in recording statements and the lack of expert analysis on blood samples and weapon recovery [arguments].
The court observed that the injuries were serious but did not cause immediate death, and the deceased's death after a period of treatment indicated that the incident did not amount to murder. The appellant and the deceased had a history of casual altercations and shared sleeping arrangements, suggesting no inimical relationship at the time of the incident [analysis].
The appeal was partly allowed, with the conviction under Section 302, IPC being set aside and substituted with a conviction under Section 304 Part-II, IPC. The sentence was upheld, and the appellant was entitled to the benefit of the period of custody already undergone [order].
The court maintained that the condition of fine imposed by the lower courts remained unchanged, and the appellant was entitled to a set-off for the period of custody during trial [final_order].
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ORDER :
Leave granted.
2. This appeal by special leave is directed against the judgment and final order dated 14.10.2014 passed by the High Court of Judicature at Bombay in Criminal Appeal No. 1148 of 2012 arising out of Sessions Case No. 740 of 2011.
3. The background facts in brief as emerged from the prosecution case are that the appellant herein and the deceased Jayram Khapre are common friends to Prakash Jadhav (PW8) and Tukram Bhostekar (PW6). All these persons, being labourers, were in the habit of drinking together at a place called Teen Batti on regular basis and the appellant and deceased had a common place on footpath for sleeping in the night. In the evening of 19th July, 2011, when they assembled as usual, an altercation took place between the appellant and the deceased over sharing of liquor. On the next day morning, PWs 6 and 8 saw the deceased in a severely injured condition at his sleeping place and the deceased informed them that it was the appellant who inflicted injuries on him with a stone. On the complaint of PW 1 (wife of the victim), PW4 – Nandkumar, ASI reached the spot, took statement of the victim and shifted him to hospital where he succumbed to the injurie
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