IMPORTANT POINT
There is no straight jacket formula for applicability of Section 34 IPC and its applicability depends upon the facts and circumstances of each case.

Headnote:(i) Indian Penal Code, 1860-Section 302/34-Both appellants assaulted deceased with gandasas-Two eye witnesses of occurrence-Findings of both Courts below about presence of witnesses was not liable to upset-Appellant A1 was slapped by deceased a day before for non-return of loan of Rs. 100/- -No reason to differ from finding of Courts below that appellants had motive as deposed by witnesses-FIR lodged at 2.15 P.M. after incident took place at 12.30 P.M. travelling 7 miles was not delayed FIR-Conviction of A1 who inflicted two blows on vital part of deceased which proved fatal was perfectly legal. (Paras 10 to 14)
(ii) Indian Penal Code, 1860-Section 302/34-Conviction of A2 with A1 by aid of Section 34 IPC-A2 was acquitted by trial Court-Fatal blows on head and below ear were inflicted by A1-A2 had inflicted only one blow by gandasa below shoulder-Application of Section 34 IPC depends upon facts and circumstances of each case-Both accused armed with gandasas were hiding in sugar cane field and came out and assaulted deceased-Circumstances indicated both accused had common intention to teach lesson to deceased-A2 was rightly convicted u/s 302/34 IPC. (Para 15)

JUDGMENT

S.P. Kurdukar, J.-Both the appellants in these two criminal appeals were put up for trial before the Sessions Court, Sangrur for an offence punishable under Section 302/34 IPC for committing the murder of Karamjeet Singh. The Session Court on conclusion of the trial by its judgment and order dated May 30, 1986, convicted Lakha Singh (A-1) (appellant in Crl. Appeal No. 62 of 1988) under Section 302 IPC and sentenced him to suffer imprisonment for life, but, however, acquitted Charan Singh (A-2) (appellant in Crl. Appeal No. 61 of 1988). The State of Punjab aggrieved by the order of acquittal of Charan Singh (A-2) filed criminal appeal before the High Court of Punjab & Haryana at Chandigarh. The convicted accused Lakha Singh (A-1) also filed the appeal challenging his order of conviction and sentence before the said High Court. Both the appeals were heard together and the High Court by its judgment and order dated August 24, 1987 allowed the criminal appeal filed by the State and set aside the order of acquittal of Charan Singh (A-2) and convicted him under Section 302/34 IPC and sentenced him to suffer imprisonment for life. The appeal filed by Lakha Singh (A-1) was dismissed. It is against this judgment and order of conviction passed by the High Court, the appellants have filed these two separate criminal appeals to this Court. Criminal Appeal No. 62 of 1988 is by Special Leave whereas Criminal Appeal No. 61 of 1988 is a statutory appeal.

2. Both these appeals arise out of common judgment and, therefore, they are being disposed by this judgment.

3. The prosecution case in nut shell was as under :-

Karamjeet Singh (since deceased) had advanced a loan of Rs. 100/- to Lakha Singh (A-1) but he failed to return the said amount. On 14th August, 1985, Karamjeet Singh demanded the said amount from A-1, but he refused to pay the same and, therefore, Karamjeet Singh gave a slap to him.

4. On 15th August, 1985, Karamjeet Singh along with Balbir Singh, a member of Panchayat and Balbir Singh @ Leela (for clarity referred to as Leela Singh)) were going to the field of Leela Singh by the side of drain. When they reached near the sugar cane field of Dial Singh, A-1 and A-2 who were hiding in the sugar cane crop emerged from the said field and they were carrying gandasas with them. A-1 then gave a lalkara saying that they will teach a lesson to Karamjeet Singh for slapping him on the previous day. A-1 and A-2 then advanced towards Karamjeet Singh whereupon A-1 gave a gandasa blow on the head of Karamjeet Singh. A-2 also gave a gandasa blow on the right shoulder of Karamjeet Singh. After sustaining bleeding injuries, Karamjeet Singh fell down on the ground and thereafter A-1 again gave a gandasa blow near his right ear. Balbir Singh (PW3) and Leela Singh (PW4) seeing the ghastly attack on Karamjeet Singh requested the accused not to cause any assault on Karamjeet Singh. They raised an alarm and thereafter A-1 and A-2 fled away. Balbir Singh (PW3) then went to the village and informed Niranjan Singh (PW8), a Lumberdar and also to the wife of Karamjeet Singh. Balbir Singh (PW3) then went to the police station at Dhuri along with Rulda Singh, the brother of Karamjeet Singh and lodged the report (Ex.PP) at about 2.15 p.m. on the same day. The copy of the First Information Report was forwarded and received by Illaqa Magistrate, Dhuri at 2.30 p.m. SI Ajmer Singh (PW10) proceeded towards the scene of offence. After holding the inquest on the dead body of Karamjeet Singh, it was sent to the Civil Hospital, Dhuri for post mortem examination. Dr. N.C. Garg (PW1) held the autopsy on the dead body and found three incised ante mortem injuries. Dr. N.C. Garg (PW1) opined that it was due to the cumulative effective of injury Nos. 1 and 2 leading to the haemorrhage and shock which were sufficient in the ordinary course of nature to cause death. In the meantime, SI Ajmer Singh (PW10) completed the necessary investigation and filed the charge sheet against

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1997 Supreme(SC) 1393

IMPORTANT POINT There is no straight jacket formula for applicability of Section 34 IPC and its applicability depends upon the facts and circumstances of each case.

Cases Referred (5)

IMPORTANT POINT
There is no straight jacket formula for applicability of Section 34 IPC and its applicability depends upon the facts and circumstances of each case.