HM Journal

Difference of Culpable Homicide or Murder lies in the degree of the act.

Facts:

  1. Appellant is a truck driver who had broken the Forest Department barrier and also collided with a motorcycle. Upon receiving information Sub Inspector Tiwari along with his team went on motion to stop the truck. Instead of applying brakes, appellant tried speed away upon which SI Tiwari boarded the truck from its left side.
  2. It is the allegation of appellant that appellant warned SI Tiwari not to do so and that he would get killed. Nevertheless, SI Tiwari boarded the truck. Immediately, the appellant pushed him, as a result of which SI Tiwari fell off the truck and he was run over by the rear wheels of the truck. SI Tiwari died.
  3. The appellant was charged and sentenced to rigorous imprisonment for life by trial court. The appeal against the conviction and sentence was rejected by High Court. Hence this Appeal.

Observation:

What is of consequence, is that upon the deceased falling off the truck, the appellant drove on. Here, the prosecution established that the truck was driven, without heed; however, it did not establish the intention of the driver (i.e., the appellant) to run over the deceased. In these circumstances, it can however be inferred that the appellant intended to cause such bodily injury as was likely to cause SI Tiwari’s death.

Judgment:

In the facts of the present case, this court is of the opinion that the appellants should be convicted for the offence punishable under the first part of Section 304 IPC, as he had the intention of causing such bodily harm, to the deceased, as was likely to result in his death, as it did. Having regard to these circumstances, the conviction recorded by the courts below, is altered to one under Section 304 Part I, IPC. The sentence too is therefore modified – instead of rigorous imprisonment (“RI”) for life, the appellant is hereby sentenced to 10 years’ RI. The direction to pay fine, is however, left undisturbed. Appeal allowed.

Link to the Judgment –

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