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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
M.G.UMA
Mohammed Khasim Sab, S/o. Hussain Sab Kodachi – Appellant
Versus
State Thorugh, Wadi Police Station, Kalaburagi, Now Represented By, Addl. State Public Prosecutor, High Court Of Karnataka, Kalaburagi Bench – Respondent
JUDGMENT :
M.G. UMA, J.
The appellants being accused Nos.1, 3 and 5 in Session Case No.135/2015, on the file of the learned IV Additional District and Sessions Judge, Kalaburagi, sitting at Sedam, is impugning the judgment of conviction dated 08.09.2022 and order of sentence dated 12.09.2022 convicting them for the offences punishable under Sections 147 , 341, 304(II) read with Section 149 of INDIAN PENAL CODE , 1860 (for short ‘IPC’) and sentencing accused Nos.1, 3 and 5 to pay fine of Rs.2,000/- each for the offences punishable under Section 147 read with Section 149 of IPC; to pay fine of Rs.500/- each for the offence punishable under Section 341 read with Section 149 of IPC; accused No.1 is sentenced to undergo partly simple and partly rigorous imprisonment for a period of 2 years 6 months and to pay fine of Rs.10,000/- for the offence punishable under Section 304(II) of IPC; accused No.3 is sentenced to undergo rigorous imprisonment for a period 3 years and to pay fine of Rs.10,000/- for the offence punishable under Section 304(II) of IPC; accused No.5 is sentenced to undergo partly simple and partly rigorous imprisonment and to pay fine of Rs.10,000/- for the offence punishable
The court confirmed that impulsive assaults leading to death constitute culpable homicide under Section 304(II) IPC, emphasizing the importance of eyewitness testimony in establishing guilt.
The court clarified that absence of premeditation and intent in a sudden quarrel may shift the charge from murder to culpable homicide.
Murder – Unintentional homicide is not murder under Section 302 of IPC.
The reliability of eye-witnesses, the extension of exception 4 to Sec. 300 of the IPC, and the distinction between Sec. 302 and Sec. 304 - Part I of the Indian Penal Code.
Culpable homicide not amounting to murder – Nature of injuries is decisive to determine appropriate section for conviction of accused.
The judgment established the importance of medical evidence and legal precedents in determining the nature of injuries and the applicability of relevant sections of the IPC.
The conviction for murder under Section 304(Part-II) is upheld based on credible eyewitness testimony, while the sentence is modified considering the appellant's age and time served.
Court affirmed convictions for assault under IPC but reversed those for attempted murder and caste-based abuse due to lack of evidence, emphasizing intent and corroborative testimony.
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