IMPORTANT POINT
Ingredients of section 304 Part I IPC discussed.

Headnote:(a) Indian Penal Code, 1860 – Section 300, Exception 4 – Sudden quarrel – Out of 9 injuries only one fatal – Exception 4 of section 300 is applicable and not section 302. (Para 17)
       (2003) 3 SCC 528 – Relied upon
       (b) Indian Penal Code, 1860 – Section 304 Part I – Death caused by acts of accused with intention to cause such bodily injury as likely to cause death – Offence squarely covered under section 304, Part I. (Para 18)
       (2000)1 SCC 319; (2006) 12 SCC 613 – Referred
       (1999) 5 SCC 732; (2009) 11 SCC 42 – Distinguished impliedly
       Facts of the case:
       Appellants Nanak Ram, Mohan Ram and Surja Ram along with 4 other accused were tried for murdering Shivji Ram and seriously injuring Shera Ram.
       They were convicted and variously sentenced u/s 302, 307, 323 and 324 all read with Section 149 and also u/s 147 and 148 IPC.
       Thus accused Bhera Ram and Surja Ram were convicted u/s 302 r/w 149 IPC and sentenced to imprisonment for life. Sadula Ram, Mohan Ram and Gordhan Ram were convicted u/s 304 Part II r/w 149 IPC and sentenced to five years rigorous imprisonment. Besides, Surja Ram, Bhera Ram, Gordhan Ram and Mohan Ram were convicted u/s 148 IPC and sentenced to six months rigorous imprisonment. Sadula Ram was convicted u/s 147 IPC and sentenced to 3 months rigorous imprisonment. In addition, Surja Ram, Bhera Ram, Mohan Ram, Sadula Ram and Gordhan Ram were convicted u/s 323 and 324 r/w 149 IPC and sentenced to 6 months rigorous imprisonment. Chuna Ram was acquitted of all charges.
       All the five convicted accused persons preferred appeal before High Court. The State challenged the complete acquittal of Chuna Ram and the acquittal of accused persons Sadula Ram, Mohan Ram and Gordhan Ram for the offences under Section 302 r/w 149. During the pendency of the appeals four accused died, with the result that the appeal continued on behalf of accused Surja Ram and Mohan Ram only.
       The High Court partly allowed the appeal by Surja Ram and dismissed the appeal by Mohan Ram. The Appeal by the State was also dismissed.
       The accused Nanak Ram was convicted u/s 302 r/w 149 IPC (sentence of life imprisonment); u/s 148 IPC (with sentence of six months rigorous imprisonment); u/s 324 r/w 149 IPC (with sentence of one year rigorous imprisonment); u/s 323 r/w 149 IPC (with sentence of three months rigorous imprisonment); u/s 447 IPC (with sentence of two months rigorous imprisonment). High Court partly allowed the appeal by setting aside the conviction under Section 302 r/w Section 149 IPC and instead convicted him for offence under Section 304 Part II r/w 149 IPC and sentenced him to undergo five years rigorous imprisonment and maintained all the other convictions and sentences imposed by the Sessions Court.
       Finding of the Court:
       Case is covered by section 304 part I.

JUDGMENT

C. NAGAPPAN, J.

1. This judgment shall dispose of three appeals in Criminal appeal Nos.1985 of 2010 filed by the appellant Nanak Ram/Accused and Criminal Appeal No.342 of 2011 filed by appellants/Accused Mohan Ram and Surja Ram against their conviction and sentence, and Criminal Appeal Nos. 1991 of 2010, 1990 of 2010 and Criminal Appeal No.1992 of 2010 filed by the State of Rajasthan for the enhancement of the sentence against the above mentioned accused, respectively.

2. The case of the prosecution in brief is as follows : PW 7 Shera Ram is the younger brother of deceased Shivji Ram and they had obtained land from Gram Panchayat towards the western side of the village and obtained Pattas for the said land. Accused Bhera Ram and accused Chuna Ram are real brothers while accused Surja Ram and accused Mohan Ram are sons of accused Sadula Ram. Accused Bhera Ram and Sadula Ram told Shivji Ram and Shera Ram that they will not allow them to take the land and will snatch it from them. Two months prior to occurrence Shivji Ram and Shera Ram erected fencing around their land whereupon the accused Bhera Ram and other accused were seriously annoyed over the same. On the occurrence day i.e. on 29.5.1983 at 10.30 a.m. Shivji Ram and both his younger brothers were repairing/re-erecting the fencing in their land, accused persons Bhera Ram, Sadula Ram and his sons Mohan Ram and Surja Ram, Gordhan Ram, Nanak Ram and Chuna Ram, all duly armed entered into Bara from south side and started dismantling the fence. Shivji Ram and his brothers questioned the same by saying that they have obtained Patta from the Panchayat. Thereupon Bhera Ram and Surja Ram simultaneously inflicted Barchhi blow on the head of Shivji Ram, as a result of which he fell down and all the accused attacked him with their weapons. Shera Ram intervened and accused Mohan Ram inflicted Barchhi blow which landed on the left side of his head and accused Chuna Ram inflicted the jei blow on his right leg. Then all the accused started beating whereupon his sister Dhuri came running and fell upon Shera Ram in order to protect him. PW 11 Balu Ram and PW 2 Mangi Lal who were present at the occurrence place were threatened by the accused and they got frieghtened and saw the occurrence standing by the side of the road. After that all the accused went away. Shivji Ram died on the spot.

3. Some unknown person gave a telephonic information about the occurrence to the Police Station Nokha on 29.5.1983 and after making Exh.P-54 entry in the Roznamcha PW 13 Attar Ali Khan went to the occurrence place and found Shivji Ram lying dead and Shera Ram with injuries and he recorded Exh.P9 statement of Shera Ram, sent him to Nokha Hospital for treatment. He forwarded Exh.P9 statement to the Police Station for registering the case and Exh. P55 FIR came to be registered. He conducted inquest on the body of Shivji Ram and prepared Exh.P5 ‘inquest report’. He prepared Exh.P3 site plan and Exh.P45 site inspection note. He seized blood stained earth and ordinary earth under Exh. P33 and also seized jeis used by the accused Chuna Ram, Nanak Ram from the occurrence place and the blood stained wooden jei under Exh. P34. He also seized the footwear of Shivji Ram viz. Exh.P35 and sent the body for post mortem.

4. Dr. Moti Lal Mishra (PW 9) conducted the autopsy on the body of Shivji Ram and found the following 9 injuries:

i) An incised wound of 6-½” x ½” and deep upto brain on the head,

ii) a punctured wound of 1 x ½ x ½ cm on the left knee joint deep to the bone;

iii) multiple contusion of 1 cm each incised on the left elbow joint;

iv) an abrasion 1 x ½ cm on the left ring finger dorsally;

v) a contusion of 4 x 2 cm on the lower half of the left leg anteriorly;

vi) swelling 2 x 2 cm on the left leg near the 5th injury;

vii) a contusion of 1 x 1 cm on the right thigh

viii) an abrasion 3 x 1 cm on the right knee joint near the ankle joint; and

ix) an abrasion on the right middle finger dorsally.

He issued Exh. P 33 Po

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Judicial Analysis

SupremeToday

2014 Supreme(SC) 156

SUPREME COURT OF INDIAT.S. Thakur, C. Nagappan, JJ.Nanak Ram – AppellantsversusState of Rajasthan – RespondentsCRIMINAL APPEAL NO.1985 OF 2010 With Crl.A.No.1990/2010, Crl.A.No.1991/2010, Crl.A.No.1992/2010 and Crl.A.No.342/2011Decided On : 26-02-2014

IMPORTANT POINTIngredients of section 304 Part I IPC discussed.

Cases Referred (5)

Judicial Analysis

SUPREME COURT OF INDIA
T.S. Thakur, C. Nagappan, JJ.
Nanak Ram – Appellants
versus
State of Rajasthan – Respondents
CRIMINAL APPEAL NO.1985 OF 2010 With Crl.A.No.1990/2010, Crl.A.No.1991/2010, Crl.A.No.1992/2010 and Crl.A.No.342/2011
Decided On : 26-02-2014

IMPORTANT POINT
Ingredients of section 304 Part I IPC discussed.