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SUPREME COURT OF INDIA
R. BANUMATHI, A.S. BOPANNA, JJ.
SITA RAM – Appellants
Versus
STATE OF NCT OF DELHI – Respondents
CRIMINAL APPEAL Nos. 1014 of 2019 (Arising out of SLP(Crl.) Nos.9396 of 2010)
Decided On : 09-07-2019
Indian Penal Code, 1860 - Section 300, Explanation 4 and 304 Part II - Occurrence without premeditation in a sudden fight between the parties started in the heat of passion upon a sudden quarrel - By nature of injuries it cannot be said that the appellant and other accused took undue advantage of the deceased in attacking him - Conviction u/s 302 r/w 34, held, needs to be modified to section 304 Part II. (Para 13)
Facts of the case:
Kala Wati, wife of deceased-Mangal Singh, was going along with her husband to her house after closing tea shop. When they reached near the shop of Girdhari Lal (A-1 since dead), they found the appellant-Sita Ram (A-2), Ram Pal (A-3) and Ram Phal (A-3) there. Mangal Singh asked Girdhari Lal (A-1) not to tap/hook the electricity from the electric pole connecting his house. Girdhari Lal (A-1) got annoyed and all the accused assaulted Mangal Singh. When Raj Kumar (PW-9), Leela Wati (PW-4) and Jai Singh (PW-14) came to save her, other accused caused injuries to Jai Singh and Raj Kumar (PW-9) and Leela Wati (PW-4). Brij Mohan (A-5), Subhash (A-9) and Rajender (A-6) are said to have attacked Raj Kumar (PW-9) who also sustained injuries. Injured were taken to the hospital where Mangal Singh succumbed to injuries.
The Trial Court convicted A-2 to A-4 under Section 302 read with 34 I.P.C. and sentenced them to undergo life imprisonment.
The High Court dismissed the appeal.
Finding of the Court:
Conviction needs to be modified to section 304 Part II.
Result: Appeal partly allowed.
JUDGMENT :
A.S. BANUMATHI, J.
1. Leave granted.
2. This appeal arises out of judgment and order dated 15.02.2018 of the High Court of Delhi at New Delhi in Criminal Appeal No.333 of 2002 in and by which the High Court has affirmed the conviction of the appellant-Sita Ram (A-2) under Sections 302 and 323 read with 34 of the I.P.C. and the sentence of life imprisonment imposed upon him.
3. Briefly stated the case of the prosecution is that on 2nd July, 1990 – 10:00 p.m., injured Kala Wati (PW-19), wife of deceased-Mangal Singh, was going along with her husband to her house after closing tea shop at Kardam Puri. When they reached near the shop of Girdhari Lal (A-1 since dead), they found the appellant-Sita Ram (A-2), Ram Pal (A-3) and Ram Phal (A-3) there. Deceased-Mangal Singh asked Girdhari Lal (A-1) not to tap/hook the electricity from the electric pole connecting his house. Girdhari Lal (A-1) got annoyed and objected to the questioning by deceased-Mangal Singh and all the accused alleged to have abused deceased-Mangal Singh. Ram Pal (A-3) gave the blow on the head of deceased-Mangal Singh and Sita Ram (A-2) and Ram Phal (A-4) gave blows with Danda and hockey stick respectively on deceased-Mangal Singh. Kala Wati (PW-19), wife of deceased, who tried to intervene also sustained injury on her hand. On hearing the noise Brij Mohan (A-5) came there. When Raj Kumar (PW-9), Leela Wati (PW-4) and Jai Singh (PW-14) came to save her, other accused caused injuries Jai Singh and Raj Kumar (PW-9) and Leela Wati (PW-4). Brij Mohan (A-5), Subhash (A-9) and Rajender (A-6) are said to have attacked Raj Kumar (PW-9) who also sustained injuries. Injured were taken to the hospital. Mangal Singh succumbed to injuries. On the complaint lodged by Raj Kumar (PW-9), FIR was registered under Sections 147, 148, 307 and 323 I.P.C. which was subsequently altered to Section 302 I.P.C. Dr. M.P. Sarangi (PW-6) conducted the post-mortem on the dead body of deceased-Mangal Singh. He noticed lacerated wound at the top of head of size 3 cm x 0.5 cms; lacerated wound on right parieto temporal region of head of size 2 cm x 3 cm; lacerated wound of 1 cm x 5 cm above the upper part of right ear etc. He opined that injuries no.1 to 3 were fatal and sufficient to cause death in the ordinary course of nature. On completion of the investigation, the chargesheet was filed against A-1 to A-4 under Sections 325, 323 and 302 read with 34 I.P.C.
4. To bring home the guilt of the accused, prosecution has examined Kala Wati (PW-19), wife of the deceased, and Raj Kumar (PW-9), son of the deceased, Leela Wati (PW-4), Jai Singh (PW 14), Vijay Kumar (PW-13) and other eye-witnesses. Upon consideration of the oral and documentary evidence, the Trial Court convicted A-2 to A-4 under Section 302 read with 34 I.P.C. and sentenced them to undergo life imprisonment. Brij Mohan (A-5), Rajender (A-6) and Subhash (A-9) were convicted under Sections 323 read with 34 I.P.C. and were sentenced to undergo rigorous imprisonment for six months. Rajesh (A-7) and Manphool (A-8) were acquitted. Girdhari (A-1) died during trial and the charges abated against him.
5. Being aggrieved, the accused preferred appeal before the High Court. The High Court vide impugned judgment dated 15.02.2018 dismissed the appeal preferred the appeal by Sita Ram (A-2) thereby affirming his conviction and sentence of imprisonment imposed upon him by the Trial Court. During the pendency of the appeal before the High Court, Ram Pal (A-3) and Ram Phal (A-4) also died and the charges stood abated against them. The appeal preferred by Brij Mohan (A-5), Rajender (A-6) and Subhash (A-9) were partly allowed. The High Court affirmed their conviction under Sections 323 read with 34 I.P.C. but reduced the sentence of imprisonment to the period already undergone and enhanced the fine amount to Rs.10,000/-. Being aggrieved by dismissal of his appeal, the appellant-Sita Ram (A-2) has preferred this appeal.
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