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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRADEEP NANDRAJOG AND MUKTA GUPTA, JJ.
AVDESH - Appellant
Versus
STATE - Respondent
CRL.A.614/2000
Decided On : 06-04-2016
PRIVATE DEFENCE - Criminal Law - Section 302 IPC, Section 304 IPC - The judgment discusses the applicability of Section 302 IPC and the concept of private defence in the context of a fatal stabbing incident. The court analyzes the circumstances leading to the incident and the actions of the accused and the victim's family, ultimately concluding that the offence would stand mitigated to Section 304 IPC owing to the operation of Exception 4 to Section 300 IPC.
Fact of the Case:
The case involves a fatal stabbing incident where the appellant was convicted for the offence punishable under Section 302 IPC. The incident occurred following a quarrel between the appellant and the victim's family, and the court had to determine the appellant's role in inflicting the fatal injuries.
Finding of the Court:
Upon microscopic analysis of the evidence, the court concluded that it cannot be safely concluded that it was the appellant who in fact inflicted the fatal stab wounds upon the deceased. The court highlighted discrepancies in the statements of witnesses and the lack of evidence to establish the appellant's direct involvement in the stabbing.
Issues: The key issues in the case were whether the prosecution successfully established that the appellant inflicted the fatal injuries upon the deceased and if so, what offence is constituted.
Ratio Decidendi: The court's decision was based on the analysis of witness testimonies, the circumstances leading to the incident, and the concept of private defence under the law. The court invoked Exception 4 to Section 300 IPC to mitigate the offence to Section 304 IPC, considering the surrounding circumstances and the actions of both parties involved.
Final Decision: The appeal was allowed, the impugned judgment of conviction was set aside, and the appellant was acquitted.
PRADEEP NANDRAJOG, J.
1. The appellant assails the judgment dated September 14, 2000 passed by the learned Additional Sessions Judge convicting the appellant for the offence punishable under Section 302 IPC and consequently, in terms of the order dated September 15, 2000 he has been sentenced to imprisonment for life and pay fine in sum of `1,000/-; in default to undergo rigorous imprisonment for a period of six months.
2. At the outset we note that the other accused arrayed at the trial, namely : Arvind Kumar and Jagdhari @ Sadhu have been acquitted of the respective charges framed against them. Therefore, we are to decide the fate of the appellant alone in this appeal.
3. The facts germane to the adjudication of the appeal lie within a narrow compass and may be taken note of pithily to avoid prolixity; while eschewing unnecessary reference to the circumstances/evidence qua the co-accused because the State has not preferred any petition seeking Leave to Appeal and their acquittal has attained finality.
4. The fateful day was March 24, 1997. At around 01:30 PM Raj Kumar @ Sonu PW-13 (informant) along with his two friends, namely, Ikramul PW-7 and Shrikant PW-11 while celebrating the festival of 'Holi' reached in front of ‘Barat Ghar’ (Community Centre) in the colony at Shahbad Dairy. The appellant : Avdesh and co-accused : Arvind Kumar, residents of Block A Shahbad Dairy approached them from the opposite direction. A boy accidentally fell on Avdhesh and consequently, Avdesh hurled abuses at the boy. Raj Kumar @ Sonu intervened. Avdesh also abused him and a quarrel erupted. In the meanwhile co-accused Jagdhari @ Sadhu (father of the Avdesh) came with a 'lathi' and gave a blow on the head of Raj Kumar @ Sonu who became unconscious.
5. On receiving information of a quarrel, the parents of Raj Kumar @ Sonu namely, Ramesh Kumar PW-14 and Asha PW-8 along with their elder son - Rajender Kumar @ Happy (deceased) reached the spot. They gave nursing at the spot to Raj Kumar @ Sonu and as a result he regained consciousness at the spot.
6. Thereafter Asha, Ramesh Kumar, Raj Kumar @ Sonu (informant), Ikramul, and Shrikant along with the deceased - Rajender Kumar proceeded to the house of Avdesh along with 5-7 neighbours. Relevant would it be to note that it has emerged in evidence [Scaled Site Plan-Ex.PW-6/A] that the house of Avdesh was located at a distance of approximately 1.3 kilometers from the Community Centre.
7. Consequently, they are stated to have remonstrated with regard to the issue of 'lathi' blow having been inflicted upon Raj Kumar @ Sonu. Neighbours from the locality of Avdesh also conglomerated outside house of Avdesh. According to the prosecution, co-accused Arvind (neighbour of Avdesh) caught hold of Rajender Kumar (deceased) and Avdesh stated to have inflicted a knife blow on his chest.
8. Immediately thereafter, Asha went to the Police Post - Shahbad Dairy along with the other eye-witnesses namely Raj Kumar @ Sonu (informant), Ikramul, Shrikant and Ramesh Kumar. D.D.No.21 [Ex.PW-10/A] was recorded at 02:05 PM at P.P.Shahbad Dairy wherein Asha informed that 'some boys had assaulted her sons and the condition of Rajender Kumar was serious'. In furtherance thereof, HC Durender Singh (not examined during trial) along with Ct.Surinder Singh (not examined during trial) were deputed to conduct preliminary investigation. Rajender Kumar was shifted to Hindu Rao Hospital in a police van. In the meanwhile, Raj Kumar @ Sonu was brought to Hindu Rao Hospital by Ct.Deep Chand PW- 4 in T.S.R. Asha, Ramesh Kumar, Ikramul and Shrikant also reached Hindu Rao Hospital.
9. Dr. N.R.Tulli PW-1 examined Rajender Kumar at 02:50 PM and declared him 'Brought Dead' in the MLC [Ex.PW-1/A]. In the meanwhile, Insp. Mohinder Singh- S.H.O. P.S.S.P. Badli PW-16 reached the spot of occurrence along with the police staff. He learnt that Rajender Kumar had been taken to the hospital. Therefore he reached the hospital and collected the M.L.C. of
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