The main legal point established in the judgment is the distinction between the intention to cause death under Section 300 and the act likely to cause death without the intention to kill under Section 304 Part (II) of the IPC.

JUDGMENT :

K.K. SONAWANE, J.

1. The instant appeal calls in question the impugned judgment and order rendered by learned Sessions Judge, Nanded in Sessions Case No. 163 of 2011 dated 21-07-2016, thereby convicting the appellant-accused for the offence punishable under sections 302, 323 of the Indian Penal Code (for short “IPC”) and he was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 1000/- in default to suffer rigorous imprisonment for one month. He was also sentenced to suffer rigorous imprisonment for six months for the offence punishable under section 323 of the IPC. Both the sentences was ordered to run concurrently. The appellant -convict, taking recourse of remedy under section 374 of the Code of Criminal Procedure (for short “Cr.P.C.”) preferred the present appeal to redress his grievances.

2. The prosecution case sans unnecessary details in nutshell is that the ill-fated victim - Shankarsinh s/o Daulatsinh Kachwa, age 35 years old was the brother of first informant Mohansinh S/o Daulatsinh resident of Nanded. Both the brothers were eking livelihood by doing business to ply the passenger bus Tata make bearing registration No. MH-25-B-186, daily from Nanded to Bhokar and vice versa. The first informant Shri Mohansinh at the relevant time was in service with Ravina travels, Nanded whereas his brother deceased Shankarsinh used to remain with their passenger Bus for collecting fair from the passengers etc. The appellant-accused was also one of the counter part of both the brother i.e. first informant Mohansinh and deceased Shankarsinh. He was also running the passenger bus for public conveyance daily on Nanded - Bhokar road bearing Bus No. MH-26/B-199.

3. According to prosecution, prior to eight days of alleged incident occurred on 04-07-2011, there was quarrel between the appellant-accused and the deceased Shankarsinh on account of parking of the vehicles in a queue to pick-up the passengers for their vehicles. But, the dispute was settled due to intervention by the mediators. However, the appellant-accused gave threats of life to the deceased Shankarsinh and since then he had an rancour and bitter anger towards deceased Shanksingh. It has been alleged that on 04-07-2011 at about 8.00 a.m. the first informant had been to his travel booking office at Hingoli gate. His brother deceased Shankarsinh as usual started proceeding towards Bhokar town with the passenger in his Bus No. MH-25/B-186. The driver Dilip @ Baban Sarote was driving the vehicle, whereas, Anil Sawate was the cleaner in the vehicle - travelling Bus of the deceased Shankarsinh. In view of threats of life to the deceased Shankarsinh on the part of appellant-accused, the brother-first informant used to follow the vehicle of brother uptill limits of Nanded city. Accordingly, on the day of incident, the first informant - Mohansinh was following the vehicle of brother Shankarsinh. He saw the vehicle-Bus of his brother stopped near Hingoli Naka to pick-up the passengers. Meanwhile, the appellant-accused also arrived there with his vehicle Bus. There was, once again, quarrel taken place between the deceased Shankarsinh and accused Nazimoddin. The on-lookers thronged at the spot. Eventually, the accused went towards own vehicle and occupied his driver seat. The deceased Shankarsinh was standing aside his passenger vehicle- Bus on the road. The accused started proceeding towards Bhokar with his traveller-Bus No. MH-26/B-199 and in a fit of rage, he attempted to trap the deceased Shankarsinh in between the left side portion of his vehicle and the vehicle of deceased parked aside the road at Hingoli Naka. The vehicle of accused brushed the deceased due to which he banged on his own vehicle bus near the driver door. The deceased sustained severe injuries to his chest, abdomen etc. The accused made his escape good from the spot. The injured Shankarsinh was escorted to the Government Hospital at Nanded, for medical treatment. Thereafter, he was sh