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B. R. GAVAI, K. V. VISWANATHAN
Sunny @ Santosh Dharmu Bhosale – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
B.R. GAVAI, J.
1. Leave granted.
2. The present appeal arises out of the final judgment and order dated 5th August, 2020, passed by a Division Bench of the High Court of Judicature at Bombay (hereinafter, “High Court”), in Criminal Appeal No. 927 of 2015, whereby the High Court has negatived the challenge to the judgment and order dated 7th July, 2015, passed by the Court of Additional Sessions Judge – 3, at Satara (hereinafter, “trial court”), in Sessions Case No. 121 of 2014, thereby upholding the conviction for the offence punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter, “IPC”) and the imposition of sentence to suffer imprisonment for life along with fine of Rs. 500/- on the appellant.
3. By way of the present appeal, the appellant has called into question the dismissal of his Criminal Appeal by the High Court.
4. The facts, in brief, giving rise to the present appeal are as given below.
4.1 The prosecution story is that on 21st March 2014, Sunita Bhosale (PW-6) and her husband Gopal Bhosale went to the house of Rajendra Bhosale (PW-5). At that moment, Rajendra Bhosale had gone to answer nature’s call. Sunita Bhosale (PW-6) and her husband were having
Murder – Unintentional homicide is not murder under Section 302 of IPC (Section 103(1) of BNS, 2023).
(1) Unintentional homicide is not murder under Section 302 of IPC.(2) Merely because witnesses are relatives, cannot be a ground to discard testimony of such witnesses – Only requirement is that test....
The main legal point established in the judgment is the application of Exception 4 of Section 300 of the IPC, leading to a conviction under Section 304 (Part-II) instead of Section 302 of the IPC.
The court determined that the appellant's actions were provoked, warranting a conviction under Section 304 Part-I instead of Section 302, emphasizing the absence of premeditation.
The main legal point established in the judgment is that the nature of the injury, the presence of a motive prior to the incident, and the absence of provocation are crucial factors in determining th....
Murder – Unintentional homicide do not come within ambit of Section 302 of IPC.
Murder – Plea of exercise of right of private defence cannot be sustained in isolation.
The court established that a lack of premeditation and intent to kill can lead to a conviction under Section 304 IPC instead of Section 302 IPC in cases of sudden provocation.
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