IMPORTANT POINT
In a case of culpable homicide if intention to cause death is revealed, the accused would be liable u/s 304 Part I.

JUDGMENT

Dr. Mukundakam Sharma, J.—

1. This appeal has been preferred by the appellant who has been convicted by the Sessions Court as also by the High Court under Section 302 IPC and sentenced to undergo rigorous imprisonment for life.

2. The deceased was one Jawahar who was murdered on 14.10.1979 at about 8.00 A.M. in Village Marrie, Police Station Nichlaul, District Gorakhpur. The prosecution story in brief is that in the said village there was a Government Gausadan (a campus with pasture land where cattle are brought up and looked after) spreading over an area of about 562 acres. Within the said area is also located certain residential premises for the employees of the Gausadan. The grasses were also grown in Gausadan and contract of growing such grass in Gausadan was given by the Government through auction and one Harendra Singh who was a contractor was given the said contract. Goverpal Harijan was one of the employees in the Gausadan and on account of his illness, his son Jawahar (deceased) was performing his duties in the Gausadan.

3. On 13.10.1979 at about 2.00 p.m. about 30-40 cattles including the buffaloes of Goverpal Harijan were grazing in the pasture land of Gausadan. Since they were eating the grasses for which there was a contract, a person on behalf of the contractor Harendra Singh came and collected all the cattles including buffaloes and took them to the contractor Harendra Singh. Thereafter, Jawahar and other owners of the cattle went to Harendra Singh and requested him to release their cattle. Harendra Singh permitted Jawahar to take away his buffalo and also released the cattle of the other persons.

4. On 14.10.1979 i.e. the next day in the morning time, Ram Prahlad, Sahdeo, Pratap, the appellant Indrasan and 2-3 persons were sitting in the verandah of Gausadan. The appellant-Indrasan had lathi with him. While they were so sitting in the verandah of the Gausadan, Jawahar happened to arrive there. The appellant-Indrasan who was the employee of contractor Harendra Singh took up his lathi and suddenly rushed towards Jawahar and gave a lathi blow on his head as a result of which he sustained head injury and fell down. As a consequence of the said lathi blow on the head, deceased-Jawahar succumbed to his injuries immediately thereafter. Ram Prahlad went to the house of Goverpal and informed him about the fatal injuries caused to his son. Goverpal came to Gausadan and found his son lying there dead. He then went to the police station Nichlaul, where he lodged the written F.I.R. on the same day at 11.05 a.m. The distance of the police station from the place of occurrence was six miles. On information, a case was registered and investigation was entrusted to S.I. Vinod Kumar Yadav (PW-7). Post mortem examination was also carried on the body of the deceased-Jawahar. In the said post mortem examination, one injury was found by the doctor on the head of the deceased which was of the following nature : -

“Lacerated wound on left parietal region 5 cm x 1 cm x skull deep, 8 cm above left ear.”

5. In support of its case, the prosecution examined all seven witnesses. Ram Prahlad (PW-1), Sahdeo (PW-2) and Ram Pratap (PW-3) were the eye witnesses of the occurrence. Goverpal (PW-4), the father of the deceased was also examined. The defense raised on behalf of the accused was one of denial and also of false implication due to enmity. In examination under Section 313 of the Code of Criminal Procedure, 1973 (for short “the CrPC”), the accused-appellant stated that when Harendra Singh was Thekedar of grass of Gausadan, he used to look after the affairs of Gausadan on his behalf. Goverpal and other witnesses of the case and the villagers often used to graze their cattle in the grass of Gausadan and he used to hand over their cattle at the cattle pond. Thus, people started having grudge against him resulting in his false implication in this case. On completion of the trial, the learned Sessions Judge found the appellant guilty of