IMPORTANT POINT
It is the intention of the accused to commit murder that attracts section 302 IPC.

ORDER :

Leave granted.

2. These appeals are presented before us, questioning the judgment of the High Court of Punjab and Haryana, modifying the conviction of Surender @ Monu (Respondent No.2) from Section 302 of the Indian Penal Code (hereinafter ‘IPC’), to that under Section 304 Part-I IPC and sentencing him to undergo rigorous imprisonment for ten years. These appeals have also questioned the reduction of sentence imposed on the other accused to the period already undergone for offences punishable under Sections 323, 506, 148 read with 149 IPC.

3. The case of the prosecution in brief is that, an altercation took place between the complainant’s mother, Ramrati and his aunt, Sarli at about 5.00 p.m. on 13.03.2008. On the same day, the accused started pelting bricks and stones upon the house of the complainant showing solidarity with Sarli. However, the complainant and other family members remained inside their house out of fear. On the next day, i.e., 14.03.2008, complainant’s mother Ramrati went to fetch water at about 2.00 p.m., and at that time, Accused Nos. 2 to 9 were sitting there and they started threatening Ramrati with dire consequences. Subsequently, Accused Nos. 1 to 9 carrying deadly weapons like, jellies and iron rods approached the shop of the complainant’s brother, Satish and threatened him also. Consequently, Satish fled from the scene. Thereafter, all the accused came to the house of the complainant and attacked the complainant’s father, Balwan Singh. The complainant and his cousin were also injured in this altercation.

4. The Trial Court convicted Surender @ Monu (Respondent No. 2) son of Ved Parkash (Respondent No. 3) for the offences punishable under Sections 302, 148, 323, 506 read with 149 IPC and he was sentenced to undergo imprisonment for life for the offence punishable under Section 302 IPC. He was also sentenced to pay a fine of Rs.10,000/- and to undergo imprisonment for other offences also. All other accused were convicted by the Trial Court for the offences punishable under Sections 323, 506, 148 read with 149 IPC. They were sentenced to undergo imprisonment for six months for the offences punishable under Sections 323 and 506 read with Section 149 IPC. They were sentenced to undergo imprisonment for one year under Section 148 read with Section 149 IPC. Sentence of fine was also imposed on them. As mentioned supra, the High Court reduced the conviction of Surender @ Monu (Respondent No.2) for the offence punishable under Section 302 IPC to one punishable under Section 304 Part I IPC. As far as the other accused are concerned, the High Court maintained their conviction and but reduced the sentences to the period already undergone by them. Hence, these appeals are filed by the complainant.

5. Having heard the learned counsels for the parties, and having perused the records, we are not inclined to interfere with the order passed by the High Court so far as Respondent Nos. 3 to 10 are concerned, inasmuch as the High Court, while affirming the conviction of these accused, used its discretion judiciously to sentence these accused for the period already undergone in jail. So far as Respondent No.2, Surender @ Monu is concerned, there is enough material and medical evidence placed on record to infer that the death had occurred due to the grievous injuries inflicted by Respondent No.2 upon the deceased.

6. Both the courts below have concurrently concluded, and rightly so, that Surender @ Monu alone assaulted the deceased, particularly on his head, with the iron rod. There is no reason to disbelieve the said fact, nor the finding of fact. It is concluded by the courts below that due to the injuries sustained by the deceased on his head, dealt by Surender @ Monu, the deceased had lost his life. However, in our considered opinion, the High Court is not justified in modifying the conviction of the accused, Surender @ Monu to the offence under Section 304 Part I IPC inasmuch as the facts clearly reveal the intention