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SUPREME COURT OF INDIA
P. P. Naolekar, Lokeshwar Singh Panta, JJ.
Babu Ram and Ors. - Appellants
Versus
State of Punjab - Respondent
Cri. A. No. 265-DB of 1997 and Cri. R. No. 306 of 1997
Decided On : 03-08-2005
Indian Penal Code - Murder - Section 302, Section 34 - Summary: The court acquitted the appellants of murder charges under Section 302 and Section 34 of the Indian Penal Code based on the right of private defense. The court found that the prosecution failed to prove the case beyond reasonable doubt and did not adequately explain the injuries sustained by the accused and his wife. The acquittal was based on the improbabilities, serious omissions, and infirmities in the prosecution's case.
Fact of the Case:
The appellants were convicted of murder under Section 302 and Section 34 of the Indian Penal Code. The incident resulting in the death of Ant Ram was not in dispute. The prosecution's case was based on the evidence of eye-witnesses and medical evidence.
Finding of the Court:
The court found that the prosecution failed to prove the case against the appellants beyond reasonable doubt. It noted serious infirmities in the prosecution's case, including the non-explanation of the injuries sustained by the accused and his wife. The court also accepted the plea of the right of private defense of the accused based on the evidence presented.
Issues: The issues revolved around the adequacy of the prosecution's evidence, the right of private defense, and the explanation of injuries sustained by the accused and his wife.
Ratio Decidendi: The court's decision was based on the non-explanation of the injuries sustained by the accused, the right of private defense, and the serious infirmities in the prosecution's case.
Final Decision: The court acquitted the appellants of murder charges and ordered their immediate release from jail. The fine imposed by the Trial Court, if realized, was to be paid back to the appellants.
JUDGMENT :
LOKESHWAR SINGH PANTA, J.
The appellants have filed this appeal against the Judgment and Order dated August 03, 2005 passed by a Division Bench of the Punjab and Haryana High Court at Chandigarh, confirming the conviction and sentence in respect of the offence punishable under Section 302 of the Indian Penal Code (for short the 'Indian Penal Code') and a fine of Rs. 2000/- with a default clause to undergo R.I. for six months awarded to Suraj Dev and imposing punishment of life imprisonment upon appellants Babu Ram and Indraj under Section 302 read with Section 34 of Indian Penal Code and to pay a fine of Rs. 2000/- each, in default of payment of fine to further suffer R.I. for six months each in Sessions Case No. 83 of 1993 / Sessions Trial No. 10 of 1997.
2. Briefly put, the facts may be summarised as follows: On 03.03.1993 at about 7.30 PM, the complainant Sohan Lal (PW-2) on hearing some noise coming from the street near the house of Ram Pratap (PW-3) came out of his house with a torch in his hand. PWs.2 and 3 saw that Babu Ram (A-1) and Indraj (A-2) had caught hold of Ant Ram while Suraj Dev (A-3) gave a blow with a 'Rambi' (an instrument for cutting leather by a cobbler) on the chest of Ant Ram. On receipt of the said blow, Ant Ram fell down. PWs-2 and 3 raised an alarm which attracted many other persons on the spot. Ant Ram was taken to the Civil Hospital, Abohar, by PW-2 and PW-3 where he was declared dead. A ruqqa was sent to Police Station regarding receipt of the dead body of Ant Ram. A.S.I. Hardev Singh (PW-5) came to the hospital and recorded statement of PW-2 Sohan Lal. On the basis of the said statement, formal FIR Ex.PH/1 came to be registered at the Police Station. The Investigating Officer started investigation and prepared an inquest report. He recorded the statement of PW-3 Ram Pratap on the following day of the incident. He went to the place of occurrence and lifted the blood-stained earth and prepared a site plan.
3. On 08.03.1993, Indraj (A-2) was discharged from hospital and was arrested by the Investigating Officer and thereafter investigation of the case was taken over by S.I. Jagdev Singh. On 10.03.1993, S.I. Jagdev Singh accompanied by A.S.I. Hardev Singh (PW-5) went to Village Kikker Khera, where Ram Pratap, Ex-Sarpanch, produced Babu Ram (A-1) and Suraj Dev (A-3) who, later on, were arrested. It was further case of the prosecution that on 12.03.1993, pursuant o the disclosure statement Ex. PK made by A-3, the Police recovered one bloodstained 'Rambi' concealed in an iron box meant for keeping clothes from his house. 'Rambi' (Ex.P1) was taken into possession through Memo (Ex.PK/2). On completion of the investigation, charge sheet was presented against the appellants A-1, A-2 and A-3 in the Court of Illaqa Magistrate, who commuted the same to the Court of Sessions. The learned Sessions Judge, Ferozpur, charge-sheeted A-3 Suraj Dev under Section 302 Indian Penal Code, while A-1 Babu Ram and A-2 Indraj were charged under Section 302 read with Section 34 of the Indian Penal Code. The appellants pleaded not guilty to the offence and claimed to be tried.
4. In support of its case, the prosecution examined Dr. Lal Chand Thakral as PW-1, Sohan Lal as PW-2, Ram Pratap as PW-3, Het Ram as PW-4 and A.S.I. Hardev Singh as PW-5. In their statements recorded under Section 313 of the Code of Criminal Procedure, the appellants Babu Ram (A-1) pleaded as under :-
Indraj (A-2) pleaded as under :- "I was preparing shoes by cutting leather with the Rambi. Ant Ram came there and started abusing me for not supporting Sohan Lal. We exchanged abuses and a quarrel started. In the meanwhile, my wife also came there. Ant Ram had a Kapa with him. He gave blows to me and my wife with Kapa from its sharp and blunt side. In order t
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