B. R. GAVAI, AUGUSTINE GEORGE MASIH
Sudam Prabhakar Achat – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
B.R. GAVAI, J.
1. The present appeal challenges the final judgment and order dated 10th August 2021, passed by the Division Bench of the High Court of Judicature at Bombay in Criminal Appeal No. 88 of 2013, whereby the High Court dismissed the appeal filed by the Appellant (Accused No.2) thereby affirming the judgment and order dated 5th December 2012 rendered by the Additional Sessions Judge-I, Malegaon, District Nashik (hereinafter referred to as “the trial court”) in Sessions Case No.76 of 2009 thereby convicting the appellant under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and sentencing him to undergo rigorous imprisonment for life along with fine of Rs.1,000/-, in default whereof rigorous imprisonment for two months. The appellant was also convicted under Section 324 read with Section 34 of the IPC and sentenced to undergo rigorous imprisonment for two years along with fine of Rs.500/-, in default whereof rigorous imprisonment for one month.
2. Shorn of details, the facts leading to the present appeal are as under :
2.1 The case of the prosecution is that Bapu Motiram Achat (complainant), Motiram Deoram Achat (dec
Murder and hurt – Merely because witnesses are relatives of deceased and as such are interested witnesses that alone cannot be a ground to discard their testimony – Only requirement is that testimony....
Murder – Unintentional homicide is not murder under Section 302 of IPC.
(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 court modified murder convictions under Section 302/149 to Section 304 Part-II/149 based on medical evidence attributing death to septicaemia from ante mortem injuries, highlighting the significa....
Advocates appeared :For the Appellant : Rinkesh Goyal For the Respondent : Ajeet Singh Bhadoriya, Rajeev Upadhyay
The credibility of eyewitnesses, even if related to the victim, does not diminish their account's reliability if corroborated by medical evidence.
The court clarified that absence of premeditation and intent in a sudden quarrel may shift the charge from murder to culpable homicide.
Unintentional homicide is not murder under Section 302 of IPC.
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