Back
Karnataka High Court
PRAKASH - Appellant
Versus
STATE BY KAKTI POLICE - Respondent
Decided On : 04-17-02
CRIMINAL APPEAL : 1717 of 2001
Section 302 - Murder - IPC - Section 302, Section 304 - The court discussed the provisions of Section 302 and Section 304 of the IPC and referred to relevant case laws to determine the nature of the offence committed by the accused. The court concluded that the act by which death was caused was not done with the intention of causing death or such bodily injury likely to cause death, and hence, convicted the accused under Section 304, Part II of the IPC.
Fact of the Case:
The accused was convicted under Section 302 of the IPC for murdering his sister by inflicting knife injuries. The accused demanded money from the deceased's husband, leading to a quarrel, during which the accused stabbed the deceased, resulting in her death.
Finding of the Court:
The court found that the evidence of the child witness, P. W. 2, was reliable and implicated the accused in the crime. The court also considered the circumstances of the quarrel and the absence of premeditation in the act of causing death.
Issues: The main issue was whether the offence would fall under Section 302 or Section 304 of the IPC, considering the nature of the quarrel and the act of causing death by the accused.
Ratio Decidendi: The court applied the legal principles established in the cases of Chamru Budhwa v State of Madhya Pradesh and Shankar alias Kallu v State of Madhya Pradesh to determine the appropriate section under which the accused should be convicted.
Final Decision: The court set aside the conviction under Section 302 of the IPC and convicted the accused under Section 304, Part II, sentencing him to seven years of rigorous imprisonment and a fine.
( 1 ) THE accused being aggrieved by the judgment and order passed by the Trial Court in S. C. No. 135 of 1993 in convicting the accused for an offence under Section 302 of the IPC has preferred this appeal.
( 2 ) THE accused was convicted under Section 302 of the IPC and senlenced to imprisonment for life and to pay a fine of Rs. 1,000/- in default to undergo two months simple imprisonment.
( 3 ) THE accused is alleged to have murdered his sister Sangeeta on 12-3-1992 at about 3 p. m. The accused inflicted knife injuries on the deceased as a result of which the deceased succumbed to the injuries.
( 4 ) THE tragedy unfolds thus.
( 5 ) P. W. 1 is the husband of the deceased. He had a house situated in shahunagar locality, Kangrali B. K He was living with his wife, the deceased, and children which included a child witness, P. W. 2. The deceased and her husband were living in the 1st floor of the said building. The accused was living in the other room in the same building.
( 6 ) THE accused was once serving in the military. He had retired from service about 13 years prior to the incident. The accused had requested his brother-in-law, P. W. 1 to secure a house site for him. It appears that p. W. 1 was dealing with real estate. The accused paid P. W. 1 a sum of rs. 45,000/- for a plot. Owing to some reasons P. W. 1 was not able to secure the said plot in time. The accused demanded P. W. 1 to return the money paid to him. It is stated that P. W. 1 had returned only about Rs, 20,000/- out of Rs. 45,000/ -. Later on a further sum of Rs. 6,700/- was also returned by P. W. 1.
( 7 ) ON the date prior to the occurrence on 11-3-1992 the accused had come to the house of P. W. 1 and informed P. W. 1 that he was badly in need of Rs. 3,000/ -. He requested P. W. 1 to pay the said sum. P. W. 1 had initially pleaded his inability to pay the amount and there was a heated quarrel between them. It also appears from the evidence that P. W. 1 also paid a sum of Rs. 1,1007- to the accused. The accused demanded from P. W. 1 the balance of Rs. 1,900/ -. His sister, the deceased intervened and assured the accused that she would arrange to pay the amount on the following Saturday.
( 8 ) ON the date of the occurrence at about 3 p. m. P. W. 1 and his wife, deceased were taking food in their house. The accused had come over to the house and there was a quarrel between the accused and P. W. 1. It appears that the quarrel went on for some time and the deceased intervened and requested her husband, P. W. 1 to leave the place. Accordingly, p. W. 1 left the place. At that time P. W. 2, the daughter of the deceased was present in the house with her mother, the deceased. There was a heated quarrel between the deceased and her brother, the accused. During the quarrel it appears that the accused took out a knife and stabbed the deceased. On seeing this incident P. W. 2, the child witness ran out of the house and informed her father, P. W. 1. P. W. 1 also rushed to the room. It is stated that P. W. 1 also saw the accused stabbing the deceased by means of a knife. After assaulting the deceased with a knife, the accused ran away from the spot.
( 9 ) P. W. 1 and the other witnesses shifted the deceased to the hospital. When she was taken to the hospital she was pronounced dead. Thereafter P. W. 1 went to the Kakti Police Station at about 6 p. m. and lodged a written complaint, Ex. P. 1 before Belavadi P. S. I. The case was registered in Crime No. 61 of 1992. After the inquest the post-mortem was conducted by P. W. 5-Doctor. After completing the investigation P. W. 13-C. P. I. laid the charge-sheet.
( 10 ) P. W. 5-Doctor who conducted the post-mortem noticed the following injuries on the deceased:1. Right Peritoneal region just medial to right shoulder, incised wound 1 1/2" x 1/2" x 1/2" muscle deep with blood clots. 2. Incised wound 1/2 cm x 1/2 cm over manubrium sternum (midline) bone deep with blood clots. 3. Incised wound 1 cm x 1/2 cm over body o
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
