Summary: Abid Khan, also known as Baba, was initially sentenced to life for murder after a scuffle over tobacco dust led to a man's death. The court recently changed the conviction to a lesser charge, reducing his sentence to 10 years.
On April 26, 2003, Abid Khan, a laborer from Undri, had a heated exchange with Santosh Tayade, an auto-rickshaw driver. The argument began when tobacco dust from Abid's hand got into Santosh's eyes. Words turned into blows, and Abid kicked and punched Santosh, who later died from internal injuries.
"Abid Khan assaulted him by fists and kick blows, due to which Santosh was having dizziness and he fell on the ground and became unconscious."
The trial court found Abid Khan guilty of murder, sentencing him to life in prison. The prosecution relied on eyewitnesses and medical reports to prove their case.
Abid Khan's lawyer argued that the fight was sudden, with no intention to kill. They claimed the case should be considered as an unplanned fight, which is a lesser charge. The lawyer cited past cases to support the argument for reducing the charge to a less severe form of homicide.
Judges Urmila Joshi-Phalke and Nandesh S. Deshpande reviewed the evidence. They noted that the fight was spontaneous, with no planning or weapon involved. The court agreed that the case fit the criteria for a less severe form of homicide, not murder.
"The appeal deserves to be allowed partly and the judgment and order impugned convicting Abid Khan under Section 302 of the IPC is to be modified."
The court changed Abid Khan's sentence to 10 years for a less severe form of homicide. The fine remained the same, and Abid's time already served would count towards his sentence.
