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2013 Supreme(Del) 1546
High Court of Delhi
KAILASH GAMBHIR & INDERMEET KAUR, JJ.
Tayyab
Versus
State NCT of Delhi
Crl.A. No. 1061 of 2010
Decided On : 21-11-2013
Advocate Appeared:
For the Appellant:G.S. Singh, Advocate.
For the Respondent: Sunil Sharma, Additional Public Prosecutor.
The main legal point established in the judgment is the application of Exception IV of Section 300 IPC and the determination of the appellant's intention and knowledge in inflicting the fatal injury.
Headnote:
Criminal Procedure Code - Appeal - Sections 302/323/34 Indian Penal Code, 1860 - Summary
Fact of the Case:
The appellant was convicted for committing an offence under Sections 302/323/34 of the Indian Penal Code for fatally stabbing the deceased during a quarrel over money matters. The prosecution presented 17 witnesses, while the defense presented 3 witnesses. The trial court found the appellant guilty under Section 302 IPC for inflicting injuries sufficient to cause death.
Finding of the Court:
The court found the appellant guilty under Section 302 IPC, holding that the injuries inflicted were sufficient to cause death and were not a result of a sudden fight. The court rejected the appellant's argument that the case fell under Exception IV of Section 300 IPC and sentenced the appellant to life imprisonment.
Issues: The main issue was whether the appellant's actions fell under Exception IV of Section 300 IPC, and if the appellant's conduct warranted a conviction under Section 302 or Section 304 of the IPC.
Ratio Decidendi: The court analyzed the evidence and concluded that the appellant's actions did not fall under Exception IV of Section 300 IPC, and the offence committed was culpable homicide amounting to murder under Section 300 IPC. The court also considered the intention and knowledge of the appellant in inflicting the fatal injury.
Final Decision: The court modified the appellant's conviction to Section 304 IPC, first part, and reduced the sentence to the period already undergone by the appellant, which was 8 years and 5 months.
Kailash Gambhir, J.
1. By this appeal filed under Section 374 of Criminal Procedure Code, 1973 (hereinafter referred to as “Cr.P.C.”), the appellant seeks to challenge the impugned judgment and order on sentence dated 28.07.2010 and 03.08.2010, respectively, whereby the learned Additional Sessions Judge, Delhi, has convicted the appellant for committing an offence punishable under Sections 302/323/34 Indian Penal Code, 1860(hereinafter referred to as “IPC”) and sentenced him to undergo rigorous imprisonment for life together with imposition of fine of Rs.20,000/- and in default of payment of fine, the appellant was directed to undergo further simple imprisonment for a period of one year. The appellant was also sentenced to undergo simple imprisonment for a period of six months for committing an offence punishable under Section 323 of IPC. Both the sentences were directed to run concurrently.
2. Before we deal with the contentions raised by learned counsel for the parties, it would be appropriate to give a brief narration of the prosecution case, which is as under:-
“A PCR call was received at PS: Shahadra Delhi vide DD No. 64-B that a young boy was stabbed in the Gali No.3, Kaardampuri Extension Delhi. The PCR call was marked to ASI Shiv Charan who alongwith Head Ct. Luv Raj reached the spot and found that injured Rashid s/o Abdul Qayyum who was stabbed during quarrel was already removed to hospital. A large crowd was gathered at the spot. Ct, Deepak who was on patrolling duty came at the spot, ASI Shiv Charan deputed Ct. Deepak for the safety and protection of the scene of crime and he rushed to the hospital. He reached at GTB Hospital where he met Mohd. Saleem and Mohd. Ansar who stated that their younger brother Rashid died due to stab injuries inflicted on him. ASI Shiv Charan inspected the dead body of Rashid. Rashid was declared dead by the doctor. ASI Shiv Charan made enquiries from Mohd. Saleem and his statement was recorded at the GTB Hospital. Mohd. Saleem gave his statement that his brother Rashid (now deceased) was running general store situated at Gali no. 16. Near Goldline Public School, Kadampuri Extension, Delhi. At about 9:00 p.m., he alongwith his elder brother Ansaar Ahmed were present at their shop at Gali No. 14. One boy came to their shop and told that someone is quarrelling with Rashid. Thereafter, he alongwith his elder brother run towards the Rashid’s shop, after reaching the spot, they saw that Tayyab, Qayyun and Javed and their maternal uncle Mohd. Rafiq were quarrelling with their brother over money matter and told that they would not pay their debt to Rashid. Rashid insisted for the same. At the same time, Tayyab brought one knife from their house and shouted that you all three caught Raship and he will kill Rashid and pay all his debts. Rafiq, Qayyam and Javed caught hold of Rashid and Tayyab and stabbed his with knife on the right side of abdomen. Rafiq was holding an iron rod and when he tried to free his brother Rashid, Rafiq also assaulted his on his right hand with iron rod. Blood was oozing out from the abdomen of Rashid and Rashid fell down on the ground. He and his brother, took injured Rashid to GTB Hospital in a TSR. On the way, Rasid who was in pain, uttered that Tayyab, Qayyum, Rafiq and Javed tried to kill him and they are not doing right. Their clothes were blood stained. At GTB Hospital, Rashid was declared brought dead by the Doctors. He stated that Rashid was murdered by Tayyab with knife and Rafiq, Qayyum and Javed caught hold of him with intention to kill him. Thereafter ASI, Shiv Charan made his endorsement on the statement of Mohd. Saleem for registration of the case and rukka was sent to PS Shahadra through H.C. Omender who got the FIR registered.”
3. To bring home the charges, the prosecution in all examined 17 witnesses. In their statements recorded under Section 313 Cr.P.C., the accused denied their complicity in the crime and pleaded that they were falsely im
