ANAND RAMACHANDRA CHOUGULE Vs. SIDARAI LAXMAN CHOUGALA

JUDGEMENT

(1.) The present two appeals have been preferred by the complainant and the State respectively. The challenge is to the orders of the High Court, by which the respondents nos.3 and 4 have been acquitted, and the conviction of the respondents nos.1 and 2 to life imprisonment under Section 302/34 of the Indian Penal Code,1860 (hereinafter referred to as 'IPC') has been altered to one under Section 304 Part I/34 sentencing them to seven years.

(2.) The complainant and the accused are related to each other. There was a land dispute between them. A civil suit is also stated to have been pending. On 07.06.2002, the deceased along with others were returning to their village. When they reached near the house of one Yeellappa Patil, the accused persons are alleged to have assaulted them leading to homicidal death. The trial court convicted all the four accused. The High Court in appeal concluded from the materials on record that the assault was made on the spur of the moment without premeditation and that both sides having suffered injuries the conviction ought to be altered under Section 304 Part I, IPC. Two of the accused were acquitted as their presence was found to be doubtful.

(3.) Learned counsel for the appellants submitted that the High Court erred in altering the conviction to one under Section 304 Part I, IPC. The assault was premeditated. The accused were armed with axe, koita and bamboo sticks. PWs. 2 and 3 were injured witnesses. There was no material in support of the plea of self defence or that the assault took place on the spur of the moment. No such defence was taken under Section 313, Cr.P.C. by the accused. PWs. 4 and 5 were also eye witnesses. Minor contradictions and discrepancies in the evidence of the prosecution witnesses were insufficient to doubt the prosecution case. Relying upon State of Uttar Pradesh vs. Faqirey, 2019 5 SCC 605, it was submitted that the conviction ought to be restored to one under Section 302, IPC.