Mumbai: The sessions court has convicted a 22-year-old man for culpable homicide not amounting to murder for killing a 19-year-old youth following a fight at a public toilet in Dharavi.Additional Sessions Judge R J Pawar sentenced the accused, Kismat Hasem Shaikh, to seven years of rigorous imprisonment and imposed a fine of Rs 3,000. In default of payment, he will undergo an additional three months in jail.On July 10, 2016, the victim, Prashant alias Prafulla Balasaheb Londhe, allegedly got into an argument with Shaikh over cleanliness at the toilet. During the altercation, Shaikh assaulted him. Londhe was taken to Sion Hospital, where he was declared dead.Dharavi police initially registered a case of murder. During the trial, the court examined eight witnesses..Public prosecutor M S Choudhary submitted that the prosecution relied on circumstantial and related eyewitness testimony, as there was no direct eyewitness to the assault.In its judgment, the court held that the prosecution failed to establish beyond reasonable doubt that the accused had the intention to cause death, a key requirement for a murder conviction. However, it found that the evidence proved Shaikh had engaged in a physical assault during a sudden quarrel that led to Londhe’s death.The court noted that the incident occurred in a confined space and that the accused offered no explanation for the injuries sustained by the victim. Evidence showed abrasions along with internal brain congestion and edema. Doctors testified that such internal injuries could result from an assault even in the absence of significant external trauma.Observing that a person involved in a physical fight can be attributed with the knowledge that such actions are likely to cause serious harm or death, the court concluded that the offence fell under culpable homicide not amounting to murder.
