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High Court of Delhi
KAILASH GAMBHIR & INDERMEET KAUR, JJ.
Rahmatullah
Versus
State
CRL.A. No. 260 of 2000
Decided On : 25-11-2013
IPC - Murder - Section 302, Section 307, Section 161, Section 313, Section 304 - The judgment discusses the evidence presented by the prosecution, the testimonies of the witnesses, the post-mortem report, and the legal provisions of Section 300 and Section 304 of the Indian Penal Code. The court analyzes the nature of injuries, the intention of the accused, and the circumstances of the incident to determine the appropriate conviction and sentence for the appellant.
Fact of the Case:
The appellant was convicted under Section 302 IPC for stabbing the victim, leading to his death. The prosecution's case was based on the testimonies of eye-witnesses, the post-mortem report, and the statement of the accused. The appellant pleaded innocence and no evidence was led in defense.
Finding of the Court:
The court found that the testimonies of the witnesses and the post-mortem report provided sufficient evidence to uphold the conviction of the appellant. However, the court analyzed the nature of injuries, the intention of the accused, and the circumstances of the incident to modify the conviction from Section 302 to Section 304 Part –II of the IPC and imposed a sentence of rigorous imprisonment for a period of six years.
Issues: The issues revolved around the credibility of the witnesses, the nature of injuries, the intention of the accused, and the appropriate conviction and sentence for the appellant.
Ratio Decidendi: The court applied the legal provisions of Section 300 and Section 304 of the Indian Penal Code to determine the intention of the accused and the appropriate conviction. The court also considered the nature of injuries, the circumstances of the incident, and the time gap between the infliction of injuries and the victim's death.
Final Decision: The court modified the conviction from Section 302 to Section 304 Part –II of the IPC and imposed a sentence of rigorous imprisonment for a period of six years. The appellant had already undergone the imposed sentence, and the appeal was allowed and disposed of accordingly.
Indermeet Kaur, J.
1. The appellant is aggrieved by the impugned judgment and order of sentence dated 19.01.2000 and 24.01.2000 vide which he had been convicted under Section 302 IPC and had been sentenced to undergo imprisonment for life and to pay a fine of Rs.5000/-.
2. The version of the prosecution had been unfolded in the testimony of the eye-witness Kamal Khan (PW-6). This statement (Ex.PW-6/A) revealed that on 17.10.1995 at about 7:00 p.m. at House No.D-255, J.J. Colony, Khyala accused (Rahmatullah) had come to the house of the deceased (Islam) and asked him to come down stairs; on his reaching down accused started abusing him and threatened to kill him; in the course of quarrel he stabbed him on his right hand and his abdomen.
3. It was this statement of PW-6 which had formed the basis of the rukka which had been sent at 9:15 p.m. by H.C. Subh Ram (PW-10) pursuant to which the present FIR under Section 307 IPC had been registered.
4. The statement of PW-6 was corroborated by the statement of Mohd.Muslim (PW-5), the brother of the victim who had also witnessed this incident. In fact, PW-6, PW-5 and the deceased were all living in the same rented house on the first floor of D-255, J.J.Colony, Khayala.
5. DD No.12 had reported the quarrel in the local police station at Police Station Tilak Nagar which had been marked to PW-10; he had reached the spot where he learnt that the injured had already been removed to the hospital; constable Suresh was left at the spot.
6. PW-10 reached the hospital where the MLC of the injured (Ex.PW-14/A) was obtained. The patient was conscious and oriented; his higher senses were noted to be normal. The following injures were noted upon the victim:
Stab 2 cm long over Rt Arm Anterior…. upper 3rd
Stab 2 cm long on Rt side chest at … of 10th Rib
Stab 2 cm long on Rt side Abdomen below umbilicus about 2 cm below
Abrasion over Lt elbow.
7. Patient was, however, unfit for statement.
8. After the registration of the FIR the investigation was handed over to SI Dinesh Kumar (PW-16). PW-16 had recorded the statement of second eye-witness i.e. PW-5. Accused was arrested and his disclosure statement was recorded. The statement of the deceased Ex.PW-16/A was also recorded by PW-16 after obtaining a fitness certificate from the concerned doctor. This statement was recorded on 21.10.1995. It was in the form of a statement under Section 161 Cr.P.C.; it was not signed by the deceased; there was also no endorsement in this document evidencing that there is a fitness from the doctor. There is no ocular evidence also to this effect. This statement (Ex.PW-16/A) relied upon by the prosecution as a dying declaration was rightly discarded by the trial judge.
9. The victim had succumbed to his injuries one month later i.e. on 16.11.1995. The post mortem upon the victim was conducted by Dr. K. Goyal. His report is Ex. PW-15/A. The external injuries noted in the post-mortem read as under:
1 There is laprotomy wound print over midline abdomen extending from epigastrium to umbilical region with tension sutures.
2 Healed wound (sutured) about 1” length over right arm front and upper right corresponding with the injury No. 1 of the MLC report.
3 There is almost completely healed wound of about 1 “ over ………….. side of right chest corresponding with injury No. 2 of MLC report.
4 There is about oval shaped wound about 2cms X1.5 cm size with sub-healed margins and pus deposit all around present about 6 cms. Right to the midline and just below umbilical region corresponding with injury No. 4 of the MLC.
5 Oval shaped wound of size 2 cms 1 cm x ? with incised margins having pus deposits all over and print at right iliac torso region (probably draining tube wound).
6 Incised oval wound about 1.75 cm X 1cm with pus all around the wound at lever side of left lumber region about 8 cms left to the midline (probably draining tube wound)
7 Colostomy wound print over right hypochondrium.
8 Stitched wounds 1 “ ea
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