IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. CRIMINAL CRIMINAL CRIMINAL APPEAL NO. 100 OF 2004 APPEAL NO. 100 OF 2004 APPEAL NO. 100 OF 2004 The State of Maharashtra ....... Appellant. versus Vidhyadhar Chintaman Satam ..... Respondent. ..... Mrs. P.H.Kantharia APP for the State. ..... CORAM CORAM CORAM ; V.G.PALSHIKAR ; V.G.PALSHIKAR ; V.G.PALSHIKAR & SMT. SMT. SMT. NISHITA MHATRE, JJ. NISHITA MHATRE, JJ. NISHITA MHATRE, JJ. DATED; DATED; DATED; 15TH MARCH, 2005. 15TH MARCH, 2005. 15TH MARCH, 2005. P.C.; P.C.; P.C.; 1. By this appeal the State seeks to appeal against acquittal of the accused who has been convicted under section 304(I) of IPC to suffer imprisonment for five years. Basically the offences culpable homicide has defined in section 299 IPC. Section 300 states that culpable homicide is murder except cases excepted thereby and whatever is not covered by the provisions of section 300 is taken care of by the provisions of section 304 IPC. On appreciation of the evidence on record, the learned Judge has come to the conclusion that the accused is guilty of culpable homicide but it was not a murder as defined by section 300 IPC as irresistible inferences of intention to cause death was not possible. That is a view which in a given state of facts can be taken and merely because a lenient view of accepting the circumstances as one leading to culpable homicide, not amounting to murder cannot be termed as perversity requiring interference by this court under section 386 of Cr.P.C. In our opinion there is therefore no need to interfere in the order of conviction under section 304 converting into one under section 302 of IPC. The appeal is therefore dismissed. ******