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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT NAGPUR BENCH
SMT. M. S. JAWALKAR, M. W. CHANDWANI, JJ.
Arvind Sangitrao Deshmukh – Appellant
Versus
State of Maharashtra through Police Station Officer, Police Station, Ner – Respondent
JUDGMENT :
(M.W. CHANDWANI , J.) :
Heard.
2. The appeal is an exception to the judgment and order of conviction dated 28.08.2019 passed in Sessions Trial No. 84/2016 by the learned Sessions Judge, Yavatmal, thereby convicting the appellants for the offence punishable under Sections 302 r/w. 34 of the Indian Penal Code (for short, “IPC”) and sentenced the appellants to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/- and sentenced to suffer rigorous imprisonment for 7 years each and to pay a fine of Rs.10,000/- under Section 307 r/w. 34 of the IPC.
3. The facts of the case can be put in a narrow compass as under:-
i) Appellant- Arvind Deshmukh (accused no. 1) is the brother-in-law, Pranit Deshmukh (accused no. 2) is the nephew whereas, acquitted accused no. 3- Pushpa @ Bebitai Deshmukh is the real sister of Vilasrao Deshmukh. There was a dispute between Vilasrao Deshmukh and Bebitai over the agricultural land bearing Gat No. 204. On 22.06.2016, in the morning at about 10:45 am, first informant- Bandu Borkar, Ashok Bhimte, Vilasrao Deshmukh, Praful Bhaise who is the son-in-law of Vilasrao Deshmukh along with Shamrao Chaudhari, who is a Surveyor working at the office
The court ruled that the nature of injuries inflicted did not demonstrate intent to kill, leading to a conviction under lesser charges.
The court established that the act of the accused was culpable homicide not amounting to murder, as it was committed in the heat of the moment without premeditation.
The court applied exception 4 to Section 300 of the IPC to determine the appropriate charges and convictions based on the nature of injuries and the circumstances of the incident.
The central legal point established in the judgment is the exercise of the right of private defence by the accused and the application of the principle of individual offense in cases of exceeding the....
Point of Law : Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue adva....
The right to private defense was exceeded; intent to kill established through the brutal nature of the attack, making the appellant liable for murder under Section 302 IPC.
Conviction and sentence can be upheld where ocular evidence of injured is corroborated by medical evidence of doctor.
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