DATTATRAYA [APPELLANT(S)] Vs. THE STATE OF MAHARASHTRA [ RESPONDENT(S)]
CRIMINAL APPEAL NO. 666/2012
(2JB, SUDHANSHU DHULIA and PRASANNA B. VARALE JJ.)
Facts: The present appeal arises out of the final judgment and order dated 23.11.2010 passed by the Aurangabad Bench of Bombay High Court in Criminal Appeal No. 06/2009 whereby the conviction of the appellant under Sections 302 and 316 of the Indian Penal Code (for short ‘IPC’) was upheld and the appellant was sentenced to undergo life imprisonment under Section 302 and 10 years of R.I. under Section 316 of IPC, and was directed to pay fine amount of Rs.5000 and Rs.2000/-, respectively.
Issue: Whether the appellant is guilty of the offence under Section 302 of the IPC?
Arguments on behalf of counsel for appellant:
The prosecution in this case had examined nine prosecution witnesses and placed relevant documents such as medical reports, dying declaration etc., in order to establish its case. The appellant gave his statement under Section 313 of the Cr.P.C., but did not produce any defence witnesses. In his statement, under Section 313 of the Cr.P.C., the appellant admits to the fact that at the relevant point of time, PW-7 who is the maternal grandmother of the deceased (the wife of the appellant) was residing with them. He also admits that his wife was nine months pregnant at the time of the incident and gave birth to a stillborn child on 28.01.2007. He, however, denies all instances of quarreling with his wife and committing the act as alleged by the prosecution. PW-7 here is the star witness of the prosecution, who was present in the house and was witness to the crime. There is also a dying declaration.
Held: The court partly allowed the present appeal and held that, “The act of the appellant is not premeditated, but is a result of sudden fight and quarrel in the heat of passion. Therefore, we convert the findings of Section 302 to that of 304 Part-II, as we are of the opinion that though the appellant had knowledge that such an act can result in the death of the deceased, but there was no intention to kill the deceased. Therefore, this is an offence which would come under Part-II not under Part-I of Section 304 of the IPC.”
