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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S.GADKARI, RANJITSINHA RAJA BHONSALE
Vishal Ashok Kamble – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. facts of the case and incident details. (Para 1 , 2) |
| 2. witnesses and evidence presented. (Para 3 , 4) |
| 3. arguments by the appellant's counsel. (Para 5 , 6) |
| 4. analysis of witness testimony and evidence. (Para 7) |
| 5. court's reasoning regarding intent and culpability. (Para 8 , 10) |
| 6. court's discussion on legal exceptions. (Para 11 , 12 , 13) |
| 7. final assessment of evidence and credibility. (Para 14) |
| 8. conclusion and dismissal of appeal. (Para 15 , 16) |
JUDGMENT :
RANJITSINHA RAJA BHONSALE, J.
1. By the present Appeal, the Appellant seeks to challenge the Judgment and Order dated 3rd February, 2014, passed by the learned Sessions Judge, Pune in Sessions Case No. 475/2010 whereby the Appellant has been convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs.2,000/- in default to undergo further rigorous imprisonment for six months. The Appellant has been acquitted for the offence under Section 4 punishable under Section 25 of the Arms Act and under Section 37 (1) punishable under Section 135 of the Bombay Police Act.
2. Prosecution case in brief, is as under.
2.
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.
The court upheld the conviction of one appellant for murder based on credible eyewitness testimony and medical evidence, while acquitting the other due to insufficient evidence linking him to the cri....
The main legal point established in the judgment is the application of Exception 4 to Section 300 IPC in cases of sudden fights and the absence of premeditation, leading to a conviction under Section....
The Court modified conviction from murder to culpable homicide, applying Exception 4 to Section 300 IPC for sudden assault 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 accused committed murder with the use of deadly weapons and there was no sudden fight or quarrel as envisaged in Exception 4 to Section 300 IPC.
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