Santosh Kumar S/o Balla alias Balram vs State of Chhattisgarh, Through : Police Station Chhawni

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2024 Supreme(Chh) 738

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay Kumar Jaiswal, J.
Santosh Kumar S/o Balla alias Balram - Appellant
Versus
State of Chhattisgarh, Through : Police Station Chhawni and ors. - Respondent
CRA No. 163 of 2002, CRA No. 33 of 2002, CRA No. 10 of 2002
Decided On : 06-05-2024

Important Points

The necessity of proving common intention under Section 34 IPC was emphasized, leading to convictions for individuals directly involved while acquitting others without adequate evidence.

Subject

Criminal Law - Homicide

Act Referred

CRIMINAL PROCEDURE CODE: S.313, S.374(2)
INDIAN PENAL CODE: S.294, S.302, S.304 PART II, S.341, S.506 PART II

Headnote

(A) Indian Penal Code - Sections 304 Part-II and 324/34 - Appeals against conviction and sentence - Relevant facts demonstrate that the appellants assaulted the deceased, leading to homicide, with clear evidence supporting the guilt of one appellant while others were acquitted due to lack of common intention. (Paras 4, 16, 31, 32)

(B) Principles of common intention - Section 34 of IPC - Liability arises where individuals act with a shared intention to commit a criminal act, assessed on the circumstances of the case. Each case must rest on its own facts. (Paras 20-30)

Facts of the case:
The incident involved a group assault resulting in the death of Deepak alias Badku, with one appellant immediately identified as causing fatal injuries, while inconsistencies led to the acquittal of others. (Paras 2, 4, 12, 34)

Findings of Court:
The Court affirmed conviction under Section 304 Part-II for the appellant directly responsible but found no proof against others for concurrent charges, reducing the sentenced duration from 7 years to 5 for mitigating factors. (Paras 36, 37)

Issues: Determining guilt based on evidence of shared criminal intent, including examination of witness credibility and their relationships with the victim. (Paras 30-32)

Ratio Decidendi: The Court emphasized the necessity of proving common intention among co-defendants for broader liability, ultimately upholding conviction of the principal accused while acquitting others. (Paras 22, 28)

Result: Appeal allowed for some appellants; convictions modified and sentences adjusted accordingly.

Advocates Appeared:
For the Appellant : Mr. Anuroop Panda, Adv. on behalf of Mr. H.S. Patel, Adv., Ms. Hamida Siddiqui, Adv. with Mr. Rahul Agrawal, Adv. and Mr. Arham Siddiqui, Adv.
For the Respondent: Ms. Sunita Manikpuri, Dy. G.A.

Table of Content
1. circumstances of the incident leading to the charge. (Para 4 , 5)
2. appellants' defense and argument against conviction. (Para 6)
3. homicidal nature of the death established. (Para 10 , 11)
4. justification of conviction under ipc section 304. (Para 14)
5. discussion on common intention under ipc section 34. (Para 15 , 16 , 17 , 18 , 19 , 26)
6. determination of evidence and charges against each appellant. (Para 32)
7. outcomes of specific appeals. (Para 33 , 34)
8. sentencing and adjustments based on prior custody. (Para 35 , 36 , 37)
9. procedural directions post-judgment. (Para 38 , 39 , 40)

JUDGMENT :

Sanjay Kumar Jaiswal, J.

1. As all these appeals arise out of the same judgment, they are being heard and disposed of by this common order.

2. The present appeals have been preferred under Section 374(2) of Cr.P.C. calling in question the legality, validity and correctness of the impugned judgment dated 14.12.2001 passed by the learned 2^nd Additional Sessions Judge, Durg, District - Durg (C.G.), in S.T. No. 144/1998, by which the appellants have been convicted and sentenced as under with a direction to run both the sentences concurrently:-

Appellant Name	Conviction	Sentence
Santosh Kumar	U/s 304 Part-II of IPC	R.I. for 7 years and fine of Rs. 500/-.
	U/s 324/34 of IPC	R.I. for 6 months and fine of Rs. 500/-.
		In default of payment of total fine amount of Rs. 1000/- additional imprisonment for 6 months.
Billu alias Ramswaroop	U/s 304 Part- II/34 of IPC	R.I. for 7 years and fine of Rs. 500/-.
	U/s 324/34 of IPC	R.I. for 6 months and fine of Rs. 500/-.
		In default of payment of total fine amount of Rs. 1000/- additional imprisonment for 6 months.
Harakhlal	U/s 304 Part- II/34 of IPC	R.I. for 7 years and fine of Rs. 500/-.
	U/s 324/34 of IPC	R.I. for 6 months and fine of Rs. 500/-.
		In default of payment of total fine amount of Rs. 1000/- additional imprisonment for 6 months.

3. As per the judgment of the trial court, the appellants were acquitted of the offences punishable under sections 294, 506 Part-II and 341 of the INDIAN PENAL CODE . They were convicted for the offences punishable under Section 304 Part-II of the INDIAN PENAL CODE instead of Section 302 or 302/34 of the INDIAN PENAL CODE and under Section 324 or 324/34 of the INDIAN PENAL CODE instead of Section 307 or 307/34 of the INDIAN PENAL CODE .

4. Brief facts of the case are that on the date of offence i.e. 09.11.1997, at about 01:45 pm, Ravinder alias Raju (PW-6) was coming to his house after completing his work and when he reached near Shyam Nagar Camp-2, Police Station- Chhawani, Bhilai, across the canal, the appellants Santosh and Billu alias Ramswaroop were armed with sticks and Appellant Ramsharan (appeal abated against him) was armed with a sword and Harkhlal was empty handed, they surrounded him, started pushing, abusing and threatened him for life. Appellant Santosh was about to be assaulted with a stick, at that time, Ravinder alias Raju's nephew Deepak alias Badku (deceased) came there from the house to save him. Appellant Santosh assaulted Deepak alias Badku on his head and leg. When Ramsharan tried to assaulte Deepak alias Badku by means of sword, Ravinder Singh alias Raju (PW-6) intervene him due to which Ravinder alias Raju (PW-6) sustained injuries on thumb of his left hand. All the four appellants together assaulted Deepak alias Badku and when he fell down, they ran away from the spot abusing him. Thereafter, Deepak alias Badku was taken to the hospital. On the same day, on the report of Ravinder alias Raju (PW-6), first information report has been lodged vide Ex.P-9 bearing Crime No. 905/1997 in the police station Chhawani. Medical examination was done. Deepak alias Badku died during treatment, and dead body Panchnama (Ex.P-15) was prepared. Doctor R.N. Pandey (PW-5) examined the dead body of Deepak alias Badku on 12.11.1997 and gave his report vide Ex.P-8 in which the cause of death was said to be hemorrhagic shock due to head injury. Spot map was prepared. Statement