On the judgment of a lower court the Bombay High Court has quashed in which the lower court had awarded life sentence to a man in 2008 for killing his brother with a sickle over property dispute.
During the hearing of an appeal, the court found the appellant guilty of culpable homicide not amounting to murder under section 304 part I of Indian Penal Code and sentenced him to eight years imprisonment.
A division bench of Justices P D Kode and V K Tahilramani were of the opinion that the appellant Haridas Mahale had the intention to kill his brother and hence he dealt a heavy blow with a sickle to cause death.
This offence falls under section 304 part I of IPC, which takes into account the intention of the accused to kill a person, the judges noted in a recent order while sending the appellant to jail for eight years.
The court took into account the version of Lila, an eyewitness to the incident and sister-in-law of appellant Haridas Mahale.