A conviction for culpable homicide not amounting to murder under Section 304 Part II of the IPC requires proof of knowledge that the act is likely to cause death; absent such evidence, an accidental event resulting from lack of caution is properly categorized under Section 337 of the IPC.

THIS CRL.A IS FILED U/S. 374(2) CR.P.C BY THE ADV., FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED:06/07.11.12 PASSED BY THE PRL. SESSIONS JUDGE, CHIKMAGALUR IN S.C.NO.141/10 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 337 AND 304 PART II OF IPC. AND THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO R.I. FOR THREE (3) YEARS AND TO PAY FINE OF RS.1,00,000/- (RUPEES ONE LAKH) IN DEFAULT TO PAY FINE, TO UNDERGO FURTHER S.I. FOR A PERIOD OF 9 MONTHS, FOR THE OFFENCES P/U/S 304 PART II OF IPC.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL JUDGMENT

This appeal is by the accused being aggrieved by the judgment of conviction and order of sentence dated 06.11.2012 passed in Sessions Case No.141/2010 on the file of the Court of the Principal Sessions Judge, Chikkamagalur, by which the accused/appellant has been convicted and sentenced to undergo rigorous imprisonment for 3 years and to pay fine of ₹1,00,000/-, in default, to undergo simple imprisonment for a period of 9 months for the offence punishable Section 304 Part II of IPC. In addition, to undergo rigorous imprisonment for 6 months and to pay fine of ₹500/-, in default, to undergo simple imprisonment of 15 days for the offence punishable Section 337 of IPC.

2. A complaint dated 31.01.2010 as per Ex.P3 came to be filed alleging that, during procession of the Jathra at 07:30 p.m., on 31.01.2010, accused while lighting torch with kerosene, had kicked the same by his leg, which had caused burn injuries to one Shankar and one Ravi. The said complaint reads as under:

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3. In furtherance to the said complaint, respondent-Police registered the case in Crime No.38/2010 for the offence punishable under Section 337 of IPC. Since injured Ravi died during the treatment on 05.02.2010, offence under Section 304 of IPC was added.

4. After investigation, the respondent-Police filed charge sheet. Charges were framed against the accused for the offences punishable under Section 337 and 304 of IPC. Since the accused pleaded not guilty and sought to be tried, the matter was set down for trial.

5. Nine witnesses have been examined on behalf of the prosecution as PW1 to PW9 and 6 documents have been marked as Exs.P1 to P6; six material objects have been marked as MO1 to MO6. One witness has been examined on behalf of the accused as DW1.

6. The Trial Court framed the following points for its consideration:

“(1) Whether the prosecution proves that 31.1.2010, at about 7.30 PM, near Bevinakatte of Harijana Colony in Muguluvalli village of Aldur Hobli in Chikmagalur Taluk, during the procession of the Deity, the accused, caused burn injuries to Shankar, by doing an act so rashly and negligently as to en