Back
2008(2) Supreme 746
Supreme Court of india
(From Himachal Pradesh High Court)
Dr. Arijit Pasayat & P. Sathasivam, JJ.
Suresh Kumar — Petitioner
versus
The State of Himachal Pradesh — Respondent
Appeal (crl.) 560 of 2008
(Arising out of SLP (Crl.) No.6114 of 2006)
Decided on : 27-03-2008
(b)Indian Penal Code, 1860 – Section 304, Part I – Accused used deadly weapon against an unarmed man in a cruel manner – Not entitled to the benefit of Exception 4 – Therefore conviction u/s 304 Part I IPC would be appropriate. (Para 12)
AIR 1993 SC 2426 – Relied upon.
Facts of the case:
1.On 27.02.2001 marriage of Sanjay Kumar son of PW-3 was solemnized. PW-1 and his son Sanjeev Kumar (‘deceased’) also participated in the said marriage party. At about 7.30 p.m. when the marriage party reached at a place known as “Thanda Panni”., one more marriage party from village Lahar also reached there.
2.There was some protest between the two marriage parties giving rise to exchange of abuses and altercation between the accused and deceased on a trivial issue. The accused took out a knife and struck a blow on the stomach of the deceased. As a result, he fell down on the ground and became unconscious and died on way to hospital.
3.The Trial Court convicted the appellant for offence under Section 302 IPC.
4.The High Court dismissed the appeal.
Findings of the Court :
In the facts of the case, conviction u/s 304, Part I would be appropriate.
Result : Appeal partly allowed.
judgment
Dr. Arijit Pasayat, J. —
1.Leave granted.
2.Challenge in this appeal is to the order passed by a Division Bench of the Himachal Pradesh High Court upholding the conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short ‘IPC’). Learned Additional Sessions, Judge-I, Kangra had convicted the appellant and sentenced to undergo imprisonment for life and a fine of Rs.5,000/- with default stipulation.
3.Background facts which led to the trial of the accused are essentially as follows :
Brij Lal (PW-1) is a resident of village Nadd, Tehsil Baroh, District Kangra. Sarwan Kumar (PW-3) also belongs to the same village. On 27.02.2001 marriage of Sanjay Kumar son of PW-3 was solemnized. At about 6.30 p.m. baraat of Sanjay Kumar started on foot from village Nadd to Danoa. PW-1 and his son Sanjeev Kumar (hereinafter referred to as ‘deceased’) also participated in the said marriage party. At about 7.30 p.m. the marriage party reached at a place known as “Thanda Panni”. One more marriage party from village Lahar also reached at “Thanda Pani”. Most of the boys participating in both the marriage parties were singing and dancing. There was some protest giving rise to exchange of abuses and altercation between the accused and Sanjeev Kumar on a trivial issue. The accused took out knife for the pocket of his trouser and struck a blow on the stomach of Sanjeev Kumar. As a result of blood injury he fell down on the ground and became unconscious. The accused then fled from the spot. PW-1 called his wife from the village. They both arranged a private jeep to take injured Sanjeev Kumar to a hospital at Kangra, but Sanjeev Kumar died on the way at Rasooh Chowk. PW-1 informed PW-2 Smt. Usha Guleria, Ex-Member of Zila Parishad about the incident, PW-2 in turn, informed the S.I/S.H.O. Police Station Kangra from her PCO about death of Sanjeev Kumar due to injuries caused with knife. PW-11 S.I. Surbux Singh, Station House Officer, Police Station, Kangra recorded the telephonic information of PW-2 in daily diary Ext.PW-9/A. He alongwith A.S.I. Dulo Ram. Head Constable Kaur Chand, Constable Sand Kumar and Subash Chand immediately proceeded to the spot. PW-11 recorded the statement (Ext.PA) of PW-1, complainant under Section 154 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) which was sent to Police Station for registration of the First Information Report. PW-12 Inspector Surinder Singh recorded First Information Report (Ext.PW11/K) inquest report (Ext. PW-11/B) was prepared by PW-11 on the spot. The dead body of deceased Sanjeev Kumar was sent to Civil Hospital at Kangra for postmortem. PW-11 visited the place of occurrence on the same day. On the following day he prepared spot map (Ext.P-11/C) and recorded the statement of the witnesses. He went to village Khart, where the members of the “Barat” were staying. He made search for the accused who at about 11 a.m. was found sleeping in the house of one Amar Nath. The accused was interrogated and arrested by PW-11. On personal search of the accused “Dagger” (Ext.P-1) concealed by him underneath the shit and tucked in the waist was recovered. Recovery memo (Ext.P- 11/P) of the ‘Dagger’ was prepared in the presence of PW-6 Ramesh Kumar and Amar Nath (not examined). ‘Dagger’ Ext.P/1 was sealed in a parcel with seal impression, which after use was handed over to PW-6. Sketch map Ext. P.11/G of ‘Dagger’ was also prepared on 28.02.2001 ‘Dagger’ alongwith specimen of seal impression was deposited with PW-10 Head Constable Des Raj in the Police Station. PW-13 Dr. D.P. Swami conducted postmortem examination on the body of Sanjeev Kumar on 28.02.2001 at 11.30 a.m. in Dr. Rajinder Parshad Govt. Medical College and Hospital Dharamshala. Dr. Swami found the following injuries on the body of the deceased :
EXTERNAL APPEARANCE :
“..............
.––––
Stab marks also seen on the two vests (one T shirt) dept 1 inch x = inch Spindle shaped with clotted blood on these
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
