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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
ANIL L.PANSARE, NIVEDITA P.MEHTA
Balkrishna S/o Maroti Meshram – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. domestic quarrel led to accused pouring kerosene on wife (Para 1 , 2 , 3 , 4) |
| 2. state urges section 307 conviction; accused denies intent (Para 5 , 6 , 7 , 8) |
| 3. witnesses and medical evidence corroborate burn injuries (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. post-conduct and superficial burns negate section 307 mens rea (Para 17 , 18 , 19 , 20) |
| 5. voluntarily causing hurt by fire proves section 324 offence (Para 21 , 22 , 23 , 24 , 25) |
| 6. conviction upheld; sentence reduced to period undergone (Para 26 , 27 , 28 , 29 , 30 , 31 , 32) |
JUDGMENT :
NIVEDITA P. MEHTA, J.
1. Both these appeals are directed against the judgment and order dated 16.12.2009 passed by the learned Sessions Judge, Chandrapur, in Sessions Case No. 19/2009. By the impugned judgment, the accused Balkrushna Maroti Meshram was acquitted of the offences punishable under Sections 307 and 498-A of the Indian Penal Code (for short “IPC”), but was convicted for the offence punishable under Section 324 of the and sentenced to suffer rigorous imprisonment for 2½ years and to pay a fine of Rs.3,000/-. In default of payment of fine, he was directed to suffer rigorous imprisonment for six months.
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The court upheld the conviction for murder under Section 302 IPC, affirming that the evidence established the appellant's guilt beyond a reasonable doubt despite claims of accidental death.
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Unintentional homicide will not come under Section 302 of IPC.
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