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2015 Supreme(Del) 142
High Court of Delhi
G.S. SISTANI & SANGITA DHINGRA SEHGAL, JJ.
Shiv Kumar @ Nigro - Appellant
Versus
State of Delhi - Respondent
Criminal Appeal No. 531 of 1998
Decided on : 30-01-2015
For the Petitioner:M.L. Yadav, Advocate.
For the Respondent: Sunil Sharma, APP.
The judgment established the applicability of Exception 4 to Section 300 IPC in determining the appropriate conviction for the appellant.
Headnote:
Criminal Procedure Code - Challenge to judgment under section 374 - Section 302 IPC - Summary of Acts and Sections: Section 374 of the Criminal Procedure Code, Section 302 IPC
Fact of the Case:
The appellant was held guilty under section 302 IPC for stabbing a deceased on a bus, leading to the deceased's death. The trial court found the appellant guilty and sentenced him to life imprisonment and a fine.
Finding of the Court:
The court found the testimony of the witness reliable and credible, corroborated by medical and scientific evidence. The court also considered the applicability of section 304(2) IPC and concluded that the appellant's act fell within Exception 4 to Section 300 IPC, leading to a conviction under section 304 Part II IPC instead of section 302 IPC.
Issues: Reliability of witness testimony, applicability of Exception 4 to Section 300 IPC, and the appropriate section under which the appellant should be convicted.
Ratio Decidendi: The court relied on the witness testimony, medical evidence, and scientific evidence to establish the appellant's guilt. It also considered the applicability of Exception 4 to Section 300 IPC in determining the appropriate conviction.
Final Decision: The conviction under section 302 IPC was set aside, and the appellant was convicted under section 304 Part II IPC, with a reduced sentence of seven years of imprisonment and a maintained fine of Rs.1000.
G.S. Sistani, J.
1. The challenge in the present appeal under section 374 of the Criminal Procedure code is to the judgment dated 02.09.1998 and order on sentence dated 04.09.1998 by which the appellant has been held guilty under section 302 IPC and sentenced to undergo imprisonment for life and fine of Rs 1000 and in default of payment of fine further simple imprisonment for 15 days.
2. The brief facts of the case, as noticed by the trial court, are as under:
“that on 15.05.1995 one Hariender Ram (deceased) boarded bus route no. 433 along with Pt Ganga Dayal (PW2) and Bhola Ram (PW4) from Amar Jyoti Camp. Four persons boarded the same bus from Okhla. Exchange of hot words took place in the bus between Hariender Ram (deceased) and the said boys and three boys caught hold of Hariender Ram (deceased) and dragged him out of the bus and the boy who had caught hold of Hariender (deceased) from the collar brought out a knife from his pant and gave a blow on the chest of Hariender and ran away. MLC was prepared by Dr Dinesh Kadam (PW7) exhibited as Ex.PW7/A at 9:30am and was declared “brought dead by police constable”. In the MLC the name of the deceased was recorded as “unknown”.
3. Additional SHO Sh K.P Kukrety (PW24) along with constable Harvinder (PW14), Constable Phool Kumar (PW12) reached hospital and met Pt Ganga Dayal (PW2) and Bhola Ram (PW4) and recorded their statement (Ex.PW4/A). The endorsement (Ex.PW24/A) was made and FIR (Ex.PW6/A) was recorded.
4. Sh. K.P Kukrety (PW24) again came to the site of crime at about 11:45am and inspected the spot and lifted sample of blood as well as earth control sample, which samples were seized vide seizure memo Ex.PW24/B and on 16.5.1995 the autopsy of deceased Hariender Ram was done by Dr. D.P Murty(PW9) who found the following injuries on the body:
“ON EXTERNAL EXAMINATION:
INJURIES:
1. Abrasion 2cm x 3cm obliquely placed near middle outer front of right side chest 1cm below the right nipple and 16 cms from mid line.
2. Incised stab wound of 4cm in upper part gaping 2cm vertically placed just below the left clavicle, 7cm from mid line, 14cm below the left ear lobule, 10cm from outer most part of left shoulder 14cm above left nipple, both angles acute, tissues clearly cut, thorsic wall, muscles and other tissue incised with a cut on first rib of 4cm x 6cm. Left lung showed three clean cut of 3.5cm.
ON INTERNAL EXAMINATION:
Left lung upper line 3cm below top showed one incised stab over front part corresponding to stab site obliquely 6cm towards high lung.
5. In the opinion of Dr P Murthy (PW9), the cause of the death was due to Haemorrhagic shock consequent to injury no.2 caused by sharp edged cutting and stabbing weapon which was sufficient to cause death in the ordinary course of nature.
6. On the basis of the information collected, Inspector Sh K.P Kukrety arrested accused Mohd Yunus @Chotu on 18.5.1995 and on interrogation, accused Mohd Yunus@Chotu made a disclosure statement wherein he confessed about his involvement and disclosed the names of his accomplices i.e Shiv Kumar @ Nigro, Shamshad and Shyambir. Accused Mohd Yunus @ Chotu further disclosed that knife used in the crime by appellant Shiv Kumar @ Nigro was kept in his house under the bedding as the house of the appellant was at a long distance. Memo Ex. PW11/F was prepared and pursuant to the disclosure statement, accused Shyambir, appellant Shiv Kumar @ Nigro and accused Shamshad were arrested.
7. On completion of investigation, report under section 173 Criminal Procedure Code along with connected documents were submitted in court. Out of six ocular witnesses, Jagat Singh (PW1), Shyam Kumar (PW8) and Pt Ganga Dayal (PW2) turned hostile. Sh Janki Prasad Sharma, Head Constable who took the deceased Hariender to AIIMS and got MLC Ex.PW7/A prepared died on 18.9.1997. Regarding medical evidence the state examined Dr Dinesh kadam (PW7) and Dr D.P Murthy (PW9).
8. The trial court, charged the appellant Shiv Kumar for the offence unde
