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Culpable Homicide does not amount to murder without intention, even though the prior knowledge exists: Bombay High Court

Culpable Homicide does not amount to murder without intention, even though the prior knowledge exists, this has been upheld in the recent case of Sagar Bhagwan Dhembre v. State of Maharashtra [CRIMINAL APPEAL NO. 582 OF 2015], listed in the Bombay High Court. The judgement was pronounced on February 4th 2021, and the said proceedings were presided by a division judge bench of Justice S.S. Shinde and Justice Milind N. Jadhav.

The facts, as presented before the court of law, are as follows. The deceased along with two others was consuming liquor in an open area. The appellant along with two others arrived at the same spot and also started consuming liquor. The Appellant stared at the deceased with anger, leading to an altercation.  

In furtherance to the above the Appellant and his friends then chased the deceased and they caught hold of the deceased in front of a house. At that spot, the Appellant and his friends started beating and kicking the deceased. The Appellant then picked up a brick lying nearby and hit the deceased on his head with it. Several persons residing in the vicinity arrived at the spot while the Appellant and his friends had run away. It was certified that the death of the deceased was caused due to the injuries on his head.

Court, after hearing both the sides, analysing facts, and considering a perusal of all evidences, held that:

“We may state that though the Appellant had absolute knowledge that his act of hitting the deceased on the head with a brick would be likely to cause the death of the deceased, he had no intention to do so. Such an act does not travel beyond the offence of culpable homicide (as defined in Section 299 IPC) not amounting to murder.”

The court also opined that “We are of the firm opinion that the Appellant, in a heat of passion, acted in a manner that he knew is likely to cause the death of the deceased but without the intention to kill him. In view of the same, the conviction of the Appellant for the offence of murder is hereby altered to that of culpable homicide not amounting to murder”

In addition to the above, the court related the case with the principle and held that “We are of the firm opinion that the Appellant, in a heat of passion, acted in a manner that he knew is likely to cause the death of the deceased but without the intention to kill him. In view of the same, the conviction of the Appellant for the offence of murder is hereby altered to that of culpable homicide not amounting to murder.”

Judgment reviewed by Pranav Sharma

 

Click here for the Judgment

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