The Bombay High Court modified the conviction of the appellant originally sentenced to life imprisonment for murder under Section 302 IPC, to culpable homicide not amounting to murder under Section 304(I) IPC. The division bench comprising of Justice Sarang V. Kotwal and Justice Manjusha Deshpande ruled that the incident arose from a sudden quarrel over ₹200, and while the assault with a tile led to the victim’s death, it lacked premeditation and intent to murder.
The case involved a fatal assault in Pune in 2015, where the accused hit the deceased with a floor tile following a scuffle. Eyewitness accounts varied slightly, and the Court noted discrepancies but found core evidence consistent. The medical evidence showed serious head injuries caused by a single, forceful blow, but the Court ruled it fell within Exception 4 to Section 300 IPC i.e. sudden fight without undue advantage.
Noting that the appellant had already served over 10 years in custody, the Court reduced the sentence to the period already undergone, maintaining only the ₹2,000 fine and disposing of the appeal accordingly.
Advocates appearing in the case:
Appellant: Mr. Amit Icham a/w Mr. Chaitanya Purankar
Respondent: Ms. Geeta P. Mulekar, APP
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