Balu s/o Onkar Pund & Others Vs. State of Maharashtra
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Head Note
Indian Penal Code,1860 - Section 300 , Section 302 , Section 304
Murder - Nature of Offence - Neither there was any motive and nor any intention on the part of any of the appellants to eliminate Savitribai - There was no enmity of any kind with Savitribai in person with any of the appellants - The appellants had gone there to take possession of the cattle shed and not with an intention to kill any member of the family of Madhavrao Renge - If at all, if there was some kind of animosity or jealousy then it was towards A-1 whose panel had won the election - Savitribai had nothing to do with election because she never contested the election - Despite the appellants armed with weapons, none of them inflicted any injury or gave blow to Savitribai but single blow was inflicted only on Madhavrao Renge, who fortunately survived - Savitribai died due to sustaining of burn injuries, which she suffered because the appellants ablazed the cattle shed by pouring kerosene on it - Had the appellants had not ablazed the cattle shed then the incident of death of Savitribai would not have occurred - The appellants accordingly convicted for an offence punishable under Section 304 Part-I IPC instead of Section 302 IPC and each of the appellants is hereby awarded 7 years RI.
Topic(s)-Murder - Offence converted to culpable homicide