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SUPREME COURT OF INDIA
A.S. Bopanna, Vikram Nath, JJ.
Major Singh – Appellant
Versus
State of Punjab & Anr. – Respondents
Criminal Appeal Nos. 240506 of 2014
Decided On : 16062022
DELAY - Criminal Appeal - IPC - Indian Penal Code, 1860, CrPC - Criminal Procedure Code, 1973 - [IPC - Indian Penal Code, 1860, CrPC - Criminal Procedure Code, 1973] - The court discussed the delay in registering the FIR, the credibility of witnesses, the medical evidence, and the recovery of the weapon used in the crime. The court also considered the distinction between culpable homicide amounting to murder and culpable homicide not amounting to murder, as well as the intention and knowledge involved in both crimes. The judgment provides a detailed analysis of the legal provisions and their interpretations, leading to the decision to modify the conviction from section 302 IPC to section 304 Part-II IPC.
Fact of the Case:
The appellant, Major Singh, was convicted under section 302 IPC for causing the death of his uncle. The prosecution's case was based on the incident where the appellant hit his uncle with a wooden 'Bahi', resulting in the uncle's death. The Trial Court acquitted the appellant, but the High Court set aside the acquittal and convicted the appellant under section 302 IPC. The appellant appealed to the Supreme Court.
Finding of the Court:
The court found that the delay in registering the FIR, the credibility of witnesses, the medical evidence, and the recovery of the weapon were crucial in determining the conviction. The court also analyzed the distinction between culpable homicide amounting to murder and culpable homicide not amounting to murder, considering the intention and knowledge involved in both crimes. Ultimately, the court modified the conviction from section 302 IPC to section 304 Part-II IPC, reducing the appellant's sentence to the period already undergone.
Issues: The issues revolved around the credibility of witnesses, the delay in registering the FIR, the medical evidence, and the recovery of the weapon used in the crime. Additionally, the court addressed the distinction between culpable homicide amounting to murder and culpable homicide not amounting to murder, focusing on the intention and knowledge involved in both crimes.
Ratio Decidendi: The court's decision was influenced by the delay in registering the FIR, the credibility of witnesses, the medical evidence, and the recovery of the weapon. The court also considered the distinction between culpable homicide amounting to murder and culpable homicide not amounting to murder, emphasizing the intention and knowledge involved in both crimes.
Final Decision: The court modified the conviction from section 302 IPC to section 304 Part-II IPC, reducing the appellant's sentence to the period already undergone and maintaining the fine imposed by the High Court.
Certainly. Based on the provided legal document, here are the key points:
The case involves a distinction between culpable homicide amounting to murder and culpable homicide not amounting to murder, primarily based on the intent and knowledge of the accused [judgement_subject].
The appellant, Major Singh, was initially convicted under section 302 of the Indian Penal Code (IPC) for causing the death of his uncle, but this conviction was later modified to a conviction under section 304 Part-II IPC, reflecting a different degree of culpability (!) (!) (!) .
The facts of the case include a prior quarrel between the appellant and the deceased, followed by an incident where the appellant hit the deceased with a wooden 'Bahi' during the day, resulting in fatal head injuries (!) (!) .
Medical evidence confirmed that the deceased suffered multiple injuries, with the main injury on the head causing shock and hemorrhage, leading to death (!) (!) .
The prosecution recovered the weapon used, which was stained with blood matching that of the deceased, after the appellant's confession, establishing a causal link between the act and death (!) (!) .
The trial court initially acquitted the appellant due to doubts about the evidence, delay in FIR registration, and credibility issues with witnesses, but the High Court reversed this, convicting the appellant under section 302 IPC (!) (!) (!) (!) .
The appellate court emphasized that the timing, nature of injuries, and the manner of the act indicated a lack of premeditation and intention to kill, leading to the conclusion that the incident was not murder but culpable homicide not amounting to murder (!) (!) .
The court highlighted that the key difference between murder and culpable homicide not amounting to murder lies in the intent and knowledge of the accused, with murder requiring a clear intention to cause death or grievous harm (!) (!) .
The appellant's act was characterized as impulsive, provoked by prior altercations, and not committed with the intention to kill, which justified reducing the conviction from murder to culpable homicide not amounting to murder (!) (!) .
The sentence was accordingly reduced to the period already undergone, and the appellant was to be released if not wanted in any other case, with the fine imposed by the High Court maintained (!) (!) (!) .
ORDER
1. The present set of appeals filed by accusedappellant, Major Singh (hereinafter referred to as 'the appellant') arises from the order dated 03.04.2014 passed by Punjab and Haryana High Court in Criminal Appeal No. 421 of 2002 and Criminal Revision No. 391 of 2002, whereby the appeal and revision petition were allowed, the acquittal by the Trial Court was set aside and the appellant SignawasL convicted under section 302 IPC [ IPC - Indian Penal Code, 1860] and sentenced undergo imprisonment for life and pay fine of Rs.5,000/-.
FACTS:
2. Prosecution's case arises from a two-day incident and it unfolds as follows:
"i. On 20.07.1998, a day preceding the unfortunate incident, appellant had quarreled with his uncle Makhan Singh (deceased) and had abused the uncle. Due to this argument between them, Makhan Singh had severely reprimanded the appellant.
ii. On the day of the incident, i.e. on 21.07.1998 at about 10:30/11:00 A.M., Makhan Singh, father of Sukhraj Singh (complainant) was going towards bus stand of their village. On his way over, Major Singh came from the other side of the bus stand holding a wooden 'Bahi' (wooden side of a cot frame). He abused Makhan Singh for shouting and insulting him on the previous day and threatened to teach Makhan Singh a lesson. Thereafter, the accused dealt a 'Bahi' blow to Makhan Singh on his head as a result of which Makhan Singh fell down. Immediately after which Major Singh ran away from the spot with the 'Bahi'. After this both Sukhraj Singh and Charanjit Singh, who were standing in front of the shop of Dilbag Singh, took their father, who was bleeding from the head to Civil Hospital, Giddarbaha. As his condition was serious, the doctor referred him to Dayanand Medical College, Ludhiana. Makhan Singh succumbed to the injuries on 22.07.1998, that is a day after the incident".
3. Sukhraj Singh went to the Police Station, where he met ASI Arnail Singh at Husnar Chowk, Gidderbaha and his statement was recorded in writing. The police, after making endorsement, sent the same to police station-Kotbhai for registration of FIR. The police visited the spot and prepared rough site plan and blood-stained earth was lifted from the spot.
4. On the day of the death of the incident, police visited DMC, Ludhiana and prepared the inquest report. The offence was enhanced to section 302 IPC and the body of the deceased was sent for post mortem. Post-mortem report found eight injuries and, according to the doctor, the cause of death was due to shock and hemorrhage as a result of head injury.
5. Appellant was arrested on 09.08.1998. As per the prosecution, he confessed about the concealment of 'Bahi' by him in the wheat chaff room at his residence. In the presence of Head Constable Gurdass Singh and Charanjit Singh, the 'Bahi' stained in blood was recovered from the place disclosed by the appellant. The police sent the blood-stained earth, plain earth along with 'Bahi' for chemical examination. In the report of chemical examiner, it was found that the stain on the 'Bahi' and the blood recovered from the spot were of the same person, i.e. the deceased.
6. After compliance of section 207 CrPC [CrPC - Criminal Procedure Code, 1973], the case was committed to the Sessions Court, vide order dated 13.10.1998 and charge was framed against the accused under section 302 IPC on 17.11.1998. The accused pleaded not guilty and claimed to be tried.
7. The prosecution examined eight witnesses as PW1 to PW-8 and also filed documentary evidence. After the evidence by the prosecution was recorded, the accused was examined under section 313 CrPC and the entire incriminating material was put to him. He denied all the allegations against him and reiterated his innocence. He claimed to be falsely implicated in this case due to the occurrence of the squabble between him and the deceased, a day before the incident. He stated that the deceased had received injuries due to a scooter accident. However, the accused did not produce any evidenc
The absence of intent to kill led to the reclassification of charges from murder to culpable homicide not amounting to murder.
The court ruled that the actions of the appellants amounted to culpable homicide not amounting to murder, reducing their conviction from Section 302 to Section 304 Part II IPC due to lack of intent.
The main legal point established in the judgment is the distinction between culpable homicide and murder, and the application of Section 300 and Section 304 of the IPC in determining the intention of....
The judgment established the distinction between murder and culpable homicide, and the factors to be considered for awarding appropriate sentence under IPC 302 or IPC 304 Part-II.
The court distinguished between murder and culpable homicide, concluding that the appellant's actions fell under Section 304 Part-I due to lack of intent and premeditation.
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