Killing a person in his sleep amounts to murder: Bombay High Court upholds life sentence to truck cleaner

Observing that killing a person in sleep, hours after picking a fight with him will amount to the graver offence of murder and not a lesser offence of culpable homicide not amounting to murder, the Bombay High Court(HC) has upheld the life sentence awarded to a truck cleaner.

A division bench of Justices Revati Mohite-Dere and Sharmila Deshmukh recently dismissed an appeal filed by Mithu Pareda observing, “We find that the deceased was not assaulted in the heat of passion; that the assault took place much after the quarrel between the appellant (Pareda) and the deceased; that the appellant assaulted him when he was asleep…”

Pareda, a truck cleaner, had filed an appeal against the order passed by the sessions court on July 31, 2013, convicting him for murder and sentencing him to life in prison.

According to the prosecution, Pareda and the deceased, Utpal Chaudhari, were acquaintances and on Independence Day in 2011, were drinking liquor since morning. There was a quarrel between the two after Chaudhari could not find his cell phone and alleged that it was hidden by Pareda.

When Chaudhari and three other friends called on his mobile number, it could be heard ringing in the driver’s cabin of the truck, which was parked near Oshiwara Park.

Pareda claimed that the keys were with the driver and all went to get them from the driver’s residence. On the way, once again there was a quarrel between Pareda and Chaudhari. The deceased and other friends returned whereas Pareda went away.

Later that night, Pareda attacked Chaudhari with a log while he was sleeping in the rear portion of the truck. The friends, on hearing the ruckus went to check, and found Pareda assaulting Chaudhari, who was bleeding profusely.

On seeing the friends, who were examined as witnesses, Pareda fled the scene. Pareda took the defense that the incident took place in the heat of the moment, after the quarrel, and hence at the most, he could be convicted for a lesser offence – culpable homicide not amounting to murder – for which the maximum punishment is ten years.

The court dismissed the argument saying, “…there was an assault with force on the head, chest and neck of the deceased which was sufficient to cause death; and, that there was no grave and suddenprovocationto justify the reductionof the offence.”

Also, the prosecution had proved the motive of the offence – taking the mobile phone – which was subsequently recovered from the truck driver's cabin.