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2017 Supreme(Bom) 1582
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
T.V. NALAWADE, S.M. GAVHANE, JJ.
The State of Maharashtra - Petitioner
Versus
Sk. Illiyas & Others - Respondents
Criminal Appeal No. 11 of 2002
Decided On : 09-10-2017
Advocate Appeared:
For the Appellant : P.G. Borade
For the Respondents: M.G. Mustafa
The main legal point established in the judgment is the distinction between murder and culpable homicide, based on the accused's knowledge and intention regarding the likelihood of causing death.
Headnote:
Indian Penal Code - Culpable Homicide - Section 304 Part II - 302, 324, 201, 149, 34, 147, 148 - The court convicted the accused for the offence of culpable homicide punishable under section 304 Part II of IPC. The court held that the evidence proved that the accused had the knowledge that their actions were likely to cause death, but there was no intention to cause death. The court set aside the acquittal and sentenced the accused to three years rigorous imprisonment and a fine of Rs.500 each.
Fact of the Case:
The deceased was assaulted by the accused with sticks and iron bars, resulting in fatal injuries. The deceased's family had a dispute with the accused over financial assistance provided to the deceased's wife. The deceased's mother and brother were also injured in the incident. The prosecution relied on direct and circumstantial evidence, including medical reports and witness testimonies.
Finding of the Court:
The Trial Court acquitted the accused based on reasons that were deemed unreasonable by the Appellate Court. The Appellate Court found that the evidence of the illiterate main witnesses was credible and ruled out the possibility of concoction or false allegations. The court held that the Trial Court failed to properly analyze and appreciate the evidence, and convicted the accused for culpable homicide.
Issues: The main issue was whether the accused were guilty of murder or culpable homicide. The court also considered the credibility of witness testimonies and the reasoning behind the Trial Court's acquittal.
Ratio Decidendi: The court held that the evidence proved the accused had the knowledge that their actions were likely to cause death, but there was no intention to cause death. The court set aside the acquittal and convicted the accused for culpable homicide punishable under section 304 Part II of IPC.
Final Decision: The court convicted the accused for culpable homicide punishable under section 304 Part II of IPC and sentenced them to three years rigorous imprisonment and a fine of Rs.500 each.
T.V. Nalawade, J.
1. The appeal is filed by the State to challenge the judgment and order of Sessions Case No. 12/2001, which was pending in the Court of learned 3rd Ad-hoc Additional Sessions Judge, Aurangabad. Respondent Nos. 1 to 3 and other accused are acquitted of the offences punishable under sections 302, 324, 201, 149, 34 etc. of Indian Penal Code ('IPC' for short) and also for offences punishable under sections 147 and 148 of IPC. The appeal is admitted only as against respondent Nos. 1 to 3. Both the sides are heard.
2. In short the facts leading to the institution of the appeal can be stated as follows:-
Deceased Gausoddin was resident of Kannad, District Aurangabad and he was a son of first informant Bugabee. They were living together. Deceased was aged about 35 years and he was married. Nihaloddin is elder brother of deceased. Deceased has left behind four sons and three daughters and widow Rajiyabee. Accused Nos. 1 to 3, present respondent Nos. 1 to 3 are real brothers of Rajiyabee and accused No. 6 is father of Rajiyabee.
3. Rajiyabee used to take monetary help from her brothers as she was finding it difficult to pull on with the income of deceased. The deceased was against taking of such help by Rajiyabee and due to that there used to be frequent quarrels between the deceased and Rajiyabee.
4. On 11.6.2000 when deceased saw Rajiyabee going to the shop of her brother Shaikh Iliyas (accused No. 1), he became angry and he started giving beating to Rajiyabee. The shop of Shaikh Iliyas is visible from the house of deceased. On 12.6.2000 due to the incident dated 11.6.2000 quarrel took place between deceased Gausoddin and accused No. 1. During quarrel, accused No. 1 gave beating to deceased. Deceased approached police against accused No. 1 due to incident dated 12.6.2000.
5. The incident in question took place on 15.6.2000 at about 12.30 p.m. The deceased was returning to home for taking lunch. In the vicinity of shop of Shaikh Iliyas, six accused persons intercepted the deceased. Accused persons had come with sticks and iron bars and they started assaulting the deceased. When Bugabee and her son Nihaloddin went to intervene and rescue the deceased, they were also assaulted. Gausoddin sustained bleeding injury to his head and to other portions of the body. Due to fear Bugabee and Nihaloddin left the place. Injured was shifted by others to Government Hospital. Bugabee approached police immediately after the incident and she gave report against six accused persons. The crime at C.R. No. 57/2000 came to be registered in Kannad Police Station for the offences punishable under sections 324, 34 etc. of IPC at 13.50 hours. Police referred Gausoddin and Nihaloddin to Government Hospital Aurangabad. Gausoddin succumbed to injuries on 17.2.2000 and then the crime came to be converted to make it for the offence of murder.
6. Bodale, P.S.I. of Kannad Police Station made investigation. Inquest report was prepared and dead body was referred for post mortem ('P.M.' for short) examination. The doctor, who conducted P.M. examination on the dead body, gave opinion that death took place due to head injury and haemorrhage in brain. There were other injuries like fractures to bones of leg and a finger.
7. The statements of Bugabee and Nihaloddin were recorded on the day of the incident. Statements of other eye witnesses were also recorded. The spot panchanama was prepared prior to the death. When the crime was registered for offences punishable under sections 324, 34 etc. of IPC, brothers of Rajiyabee appeared before police and produced the weapons like iron bars and stick and they were taken over. Accused came to be arrested after registering the crime for murder. Remaining weapons were recovered and seized. Clothes of deceased and Nihaloddin were taken over under panchanama. All the articles, which were seized during investigation, were sent to C.A. Office and the chargesheet came to be filed against six accused persons for aforesaid
