Back
2015 Supreme(Del) 235
HIGH COURT OF DELHI
G.S. SISTANI AND SANGITA DHINGRA SEHGAL, JJ.
Krishan – Appellant
Versus
State – Respondent
CRL.A. No. 1080 of 2013
Decided On : 03-02-2015
Advocate Appeared:
For the Appellant:Harit Chhabra, Advocate
For the Respondent: Sunil Sharma, Appellant
The central legal point established in the judgment is the application of Section 304 Part-I of the Indian Penal Code in cases involving acts committed without premeditation, in the heat of the moment, and without undue advantage or cruelty.
Headnote:
Section 304 Part-I IPC - Conviction under Section 302 IPC - Section 304 Part-I IPC, Section 304 Part-II IPC, Section 304 IPC, Section 302 IPC, Code of Criminal Procedure - Summary of Acts and Sections: The court discussed the applicability of Section 304 Part-I of the Indian Penal Code and referred to legal provisions and interpretations from various cases including Rajendra Singh Vs. State of Bihar, Kikar Singh Vs. State of Rajasthan, Litta Singh & Anr. Vs. State of Rajasthan, Vineet Kumar Chauhan Vs. State of Uttar Pradesh, Naimuddin Vs. State of West Bengal, and Gudu Ram Vs. State of Himachal Pradesh. The court analyzed the conditions to be fulfilled for Exception 4 to Section 300 of the Indian Penal Code and the use of deadly weapons against an unarmed person. The court also considered the intention to cause death and knowledge of the consequences of actions in determining the appropriate conviction.
Fact of the Case:
The appellant filed an appeal under Section 374(2) of the Code of Criminal Procedure read with Section 482 of the Code of Criminal Procedure to set aside the judgment and order on sentence passed by the trial court convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code. The prosecution's case involved the appellant's involvement in the death of a woman during a theft attempt.
Finding of the Court:
The court found that the appellant's act was committed without premeditation, in the heat of the moment, and only one blow was inflicted. The court analyzed the testimony of eye-witnesses and concluded that the appellant's conviction under Section 304 Part-I of the Indian Penal Code was appropriate.
Issues: The issues involved the appellant's intention and the nature of the act committed, determining whether the conviction should be under Section 302 or Section 304 Part-I of the Indian Penal Code.
Ratio Decidendi: The court applied legal principles from various cases to determine the appropriate conviction, considering the conditions for Exception 4 to Section 300 of the Indian Penal Code, the use of deadly weapons, and the intention to cause death.
Final Decision: The court partly allowed the appeal and convicted the appellant under Section 304 Part-I of the Indian Penal Code, altering the conviction from Section 302 IPC.
G.S. Sistani, J. (Oral):
1. Present appeal has been filed by the appellant under Section 374(2) of the Code of Criminal Procedure read with Section 482 of the Code of Criminal Procedure for setting aside the judgment dated 12.7.2013 and order on sentence dated 16.7.2013 passed by learned Additional Sessions Judge, Rohini Courts, Delhi, in case FIR No.1674/06 registered under Sections 302/397/34 IPC at Police Station Sultan Puri, by which the appellant has been convicted to undergo imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code with fine of Rs.5,000/- and in default of payment of fine to undergo further simple imprisonment for six months. The appellant was further directed to undergo Rigorous Imprisonment for the period of seven years with fine of Rs.3,000/- for the offence punishable under Section 397 of the Indian Penal Code and in default of payment of fine Simple Imprisonment for three months. It was directed that both the sentences would run concurrently and benefit of section 428 was given to the appellant.
2. The case of the prosecution, as noticed by the trial court in its judgment dated 12.7.2013, is as under:
“1. Briefly stated the case of the prosecution is that on the night intervening 18/19.10.2006, PW-26 Ins. Ravinder Singhw was patrolling in the area of PS Sultan Puri and while patrolling, he was informed by the duty officer that DD No.7-B dated 19.10.2006 had been registered regarding apprehension of one thief at P-II Sultan Puri. Accordingly, PW-26 Ins. Ravinder Singh reached there and found PW-10 ASI Ranbir, PW-12 Ct. Biri Singh and accused Krishan present there and came to know that accused Krishan along with his other co-associate had inflicted injuries on the person of one lady namely Pinky and that accused Krishan had been apprehended at the spot and that the injured lady had already been removed to Sanjay Gandhi Memorial Hospital, Mangol Puri, Delhi by her husband/PW-3 Deepak Kumar. PW-26 Ins. Ravinder Singh went to Sanjay Gandhi Memorial Hospital, Mangol Puri, Delhi, along with his staff and accused Krishan, leaving PW-21 Ct. Joginder at the spot. The PW-8 HC Raj Kumar and PW-13 Ct. Ravinder were also called to the hospital and accused Krishan was handed over to them with directions to get his medical examination conducted. The PW-26 Ins. Ravinder Singh also met PW-3 Deepak, husband of injured Pinky in the hospital, however, he did not give any statement then as he was busy in treatment of his wife. At about 3:15/3:20 A.M. the concerned doctor declared Smt. Pinky dead. Thereafter, Ex.PW-3/A i.e. statement of PW-3 Deepak Kumar was recorded, wherein he stated that he was residing with his family in rented accommodation at P-II/1484, Sultan Puri, Delhi and was working in a factory. He had married Pinki (since deceased), two years prior to the incident. On the night of the incident, complainant was watching film on television along with his parents, sister Sadhana and cousin (maternal brother) Vijay in the room, while his wife was sleeping on a bed on the roof of the room. At about 12.30/12.45 mid night, the complainant heard his wife screaming and he came out of the room and saw that two boys had climbed roof of the house. One of the said boys had closed the mouth of his wife, while the other gave a forceful blow with a brick on the head of his wife. In the meantime, Vijay, cousin brother of the complainant also came out. As the complainant was liming the ladder, kept for going to the roof, to save his wife, both the boys started coming down from the said ladder. The first boy pushed complainant backwards and managed to escape by climbing down the ladder, however, complainant managed to apprehend the other boy, who had given blow with a brick on his wife’s head, while he was attempting to escape. In the meantime, public persons also collected at the spot and gave beatings to accused Krishan, as his name was revealed later on. Complainant took his wife t
