Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(SC) 383

SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, HEMANT GUPTA, JJ.
MANI - Appellant
Vs.
STATE OF KERALA AND OTHERS - Respondent
Criminal Appeal No. 540 of 2019 (Arising Out of S.L.P. (Crl.) No. 7378 of 2016) with Criminal Appeal No. 541 of 2019 (Arising Out of S.L.P. (Crl.) No. 9466 of 2016)
Decided on : 01-04-2019

Advocate Appeared:
Mr. Basant R., Sr. Advocate, Mr. Senthil Jagadeesan, Advocate, Mr. G. Prakash, Advocate, Mr. Jishnu M.L., Advocate, Mrs. Priyanka Prakash, Advocate, Mrs. Beena Prakash, Advocate, Mr. Nishe Rajen Shonker, Advocate, Anu K. Joy, Advocate, Mr. Alim Anvar, Advocate, Mr. Renjith B. Marar, Advocate, Ms. Lakshmi N. Kaimal, Advocate, Mr. Krishnadas Villadath, Advocate, Mr. Anil Sharma, Advocate, Mr. A. Karthik, Advocate, Mr. Raghenth Basant, Advocate, Mr. Mithun Verghes, Advocate, Ms. Namita Wali, Advocate and Ms. Liz Mathew, Advocates

IMPORTANT POINT
When the injuries on appellant were not serious and he attacked deceased on the chest causing his death, his plea of self defence would not be tenable.
Offence of inflicting injury on deceased knowingly likely to cause death but in a sudden quarrel without premeditation and no intention to cause death will attract section 304 Part I and not section 302.

Headnote:Advocate Appeared :
       Mr. Basant R., Sr. Advocate, Mr. Senthil Jagadeesan, Advocate, Mr. G. Prakash, Advocate, Mr. Jishnu M.L., Advocate, Mrs. Priyanka Prakash, Advocate, Mrs. Beena Prakash, Advocate, Mr. Nishe Rajen Shonker, Advocate, Anu K. Joy, Advocate, Mr. Alim Anvar, Advocate, Mr. Renjith B. Marar, Advocate, Ms. Lakshmi N. Kaimal, Advocate, Mr. Krishnadas Villadath, Advocate, Mr. Anil Sharma, Advocate, Mr. A. Karthik, Advocate, Mr. Raghenth Basant, Advocate, Mr. Mithun Verghes, Advocate, Ms. Namita Wali, Advocate and Ms. Liz Mathew, Advocates
       (a) Indian Penal Code, 1860 – Section 96 – Injuries on appellant not serious – Attacking deceased on the chest causing his death – Plea of self defence not made out. (Para 20)
       (b) Indian Penal Code, 1860 – Section 304 Part I – Accused and deceased not having any enmity – Sudden quarrel – No premeditation – Injury inflicted by accused knowingly likely to cause death – No intention to cause death – Offence u/s 302 not made out – Conviction converted to section 304 Part I – Sentence modified to the period of seven years already undergone while maintaining the fine imposed. (Para 21, 22, 23)
       AIR 1978 SC 1492; AIR 2011 SC 2775 – Referred
       Facts of the case:
       The trial court convicted four accused u/s 302, 324 and 341 r/e 34 IPC.
       High Court maintained the conviction of Accused no. 1 u/s 302 but acquitted the other accused from that offence. Their conviction under other provisions was however maintained.
       Finiding of the Court:
       Offence u/s 302 is not made out.
       Result: Criminal Appeal No. 540 of 2019 filed by the appellant-Mani partly allowed and Criminal Appeal No. 541 of 2019 filed by the State of Kerala dismissed.

JUDGMENT :

Hemant Gupta, J.

The challenge in the present appeals is to a judgment dated 02.02.2016 maintaining conviction of the appellant-Mani for an offence under Section 302 IPC, whereas, conviction of the other accused i.e. accused No.2-Rathnakumar, 3-Praveen and 4-Selvaraj was maintained for offences under Sections 324 and 341 read with 34 IPC while acquitting the said accused for an offence under Section 302 IPC.

2. Criminal Appeal No. 540 of 2019 is against the conviction of accused No. 1 for an offence under Section 302 IPC, whereas, Criminal Appeal No. 541 of 2019 is against the acquittal of accused No.2-Rathnakumar, 3-Praveen and 4-Selvaraj (Respondent Nos. 2-4) under Section 302 read with 34 IPC. The parties herein shall be referred to as before the Trial Court.

3. PW2-Vishwanathan son of Kunchu lodged a First Information Report at about 11.00 PM on 28.09.2005 in respect of an incident which occurred same day at about 8.10 PM on a slope near Rosy School, Chozhiyamkod. The statement is that the Accused 1 to 4 who are BJP sympathisers, in connivance and conspiracy with each other with the intention and preparation to kill the complainant and others who are CPM sympathisers, due to political enmity, collected dangerous weapons of knife, Vadival sword and iron rod, came in motorcycles in front of Rosy School, Chozhiyamkod. They illegally stopped the complainant and his friends. The accused No.1-Mani stabbed Soman, whereas, accused No.2-Rathnakumar attacked complainant with Vadival sword on his face and accused No.3- Praveen gave beatings to Ashraf PW3 with iron rod.

4. Shri V. Pazhanimala, A.S.I., Vadakkancheri Police Station recorded such statement and took over investigations. He recorded the statement of Vishwanathan-PW2 under Section 161 Criminal Procedure Code (Code). In his police statement, he stated that at about 8.00 PM on 28.09.2005 he along with (2) Kabir son of Muhammed, (3) Ashraf son of Sheri, (4) Soman son of Appunni, (5) Rajesh son of Karuman, (6) Anil Kumar son of Velayudhan, (7) Sajeesh and (8) Sanoj sons of Kumaran Vadukathodiyil were standing near the Mangalam old post office. They were talking about success of the party in the elections. They received information that BJP people are creating troubles at Chozhiyamkod. Eight of them moved towards the Chozhiyamkod. When they reached the slope of the road in front of Rosy School, they saw two motorcycles coming from opposite side. Both the motorcycles stopped. Under the light of torch, they found that the four accused were armed with Vadival swords, knives and iron rod and came running towards them. Accused 1-Mani shouted that who is CPM worker, cut and kill him and he stabbed Soman on his chest with knife. He went to stop him, then accused No. 2-Rathnakumar hit him with Vadival sword but he withdrew his head and sword landed on his right cheek. The second attack landed on his nose. He saw accused No. 3-Praveen coming to Ashraf PW3 with a long thing in his hand. He stated that all eight of them were injured. On alarm being raised Manikandan son of Madhavan, Vadakkethara Puzhakkal Parambu and Siju sons of Chamunni, Vadukathodi came running but the assailants ran away. Injured were taken to Hospital in the ambulance. Doctor reported that Soman had been brought dead, whereas, he and Rajesh had received grievous injuries. On completion of investigation, seven persons were made to stand trial including three Vinod, Mohanan and Selvaraj charged with offence under Section 212 read with 34 IPC. These three were later acquitted of the charges by the learned Trial Court itself.

5. The learned Trial Court convicted accused Nos. 1 to 4 to undergo imprisonment for life and also sentenced to undergo simple imprisonment for one month for an offence under Section 341 read with 34 IPC and also rigorous imprisonment for a period of six months under Section 324 read with 34 IPC by its judgment dated 24.11.2011.

6. The entire prosecution case is based upon injured witnesses exami

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2019 Supreme(SC) 383

Cases Referred (2)