The Bombay High Court has dismissed a criminal appeal challenging a 2014 sessions court judgment and upheld the conviction for murder under Section 302 of the Indian Penal Code along with the sentence of life imprisonment.
A Division Bench comprising Justices A.S. Gadkari and Ranjitsinha Raja Bhonsale held that the facts and evidence on record clearly established intention and knowledge on the part of the accused, leaving no scope for converting the offence to culpable homicide not amounting to murder. The Court rejected arguments seeking the benefit of Exceptions 1 and 4 to Section 300 IPC, observing that the manner of assault was brutal, disproportionate, and carried out with extreme cruelty.
The case related to a 2010 incident in Pune, where the victim was chased and repeatedly attacked with sharp weapons, resulting in 42 incised and chopped injuries concentrated on the head and face. Medical evidence confirmed that the cause of death was multiple chopped wounds on the head, sufficient in the ordinary course of nature to cause death.
The High Court relied on ocular testimony, recovery of blood-stained weapons at the instance of the accused, and forensic evidence showing that the blood found on the weapons and clothes matched the victim’s blood group. The Court noted that the act of chasing the victim and inflicting multiple blows on a vital part of the body ruled out any claim of sudden provocation, self-defence, or absence of premeditation.
Holding that the accused had acted in a cruel and unusual manner and had clearly exceeded any possible right of private defence, the Court found no reason to interfere with the trial court’s findings. The appeal was accordingly dismissed, and the conviction and life sentence were affirmed.
Appearances:
Smt. Sonia S. Miskin, Appointed Advocate through High Court Legal Services. Smt. Madhavi H. Mhatre, A.P.P. for the State
