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2018 Supreme(Del) 2729
IN THE HIGH COURT OF DELHI AT NEW DELHI
S. MURALIDHAR, VINOD GOEL, JJ.
Sumit Sharma - Appellant
Versus
State - Respondent
Crl. A. 741 of 2017
Decided On : 17-09-2018
Advocate Appeared:
For the Appellant : Mr. Ajay Verma, Ms Sudha Reddy, Ms Katyayini
For the Respondent: Mr. Kewal Singh Ahuja
The main legal point established in the judgment is the application of Exception 4 to Section 300 IPC and its influence on the conversion of the conviction from murder to culpable homicide not amounting to murder.
Headnote:
IPC - Offence under Section 302 IPC - [302 IPC] - The court discussed the nature of the offence and whether it satisfies the ingredients of Section 304 IPC, and found that the conviction of the Appellant should be converted from the offence punishable under Section 302 IPC to one punishable under Section 304(I) IPC.
Fact of the Case:
The Appellant was convicted for the offence under Section 302 IPC for stabbing the deceased to death over a trivial issue of engaging a rickshaw.
Finding of the Court:
The court found the Appellant guilty of the offence punishable under Section 304(I) IPC instead of Section 302 IPC, based on the testimonies of eye witnesses and the dying declaration of the deceased.
Issues: The main issue was the nature of the offence and whether it satisfied the ingredients of Section 304 IPC.
Ratio Decidendi: The court considered the applicability of Exception 4 to Section 300 IPC, which led to the conversion of the conviction from the offence punishable under Section 302 IPC to one punishable under Section 304(I) IPC.
Final Decision: The court modified the sentence of life imprisonment awarded to the Appellant by the trial Court to one of rigorous imprisonment for eight years, with the fine amount and default sentence remaining unchanged.
S. Muralidhar, J.
This appeal is directed against the impugned judgment dated 19th April 2016 passed by the learned Additional Sessions Judge-III (North East), Karkardooma Courts, Delhi (‘trial Court’) in SC No.44923/2015 arising out of FIR No.417/2014 registered at PS Khajuri Khas convicting the Appellant for the offence under Section 302 IPC and the consequent order on sentence dated 23rd April 2016, whereby the Appellant was sentenced to rigorous imprisonment for life and a fine of Rs.500/- and in default of payment of fine, to undergo further simple imprisonment for three months.
2. The trial Court by the order dated 23rd April 2016 also referred the matter to the District Legal Services Authority (‘DLSA’) for determining the compensation payable to the family of the deceased as well as making arrangements for the education of children of both the convict and the deceased.
The incident
3. The Appellant was charged with having stabbed to death Mohammad Tamanna (‘the deceased’) with a knife at 8:15 pm on 27th April 2014 near the Traffic Court, Pushta Road, Khajuri Khas thereby committing an offence punishable under Section 302 IPC.
4. The wife of the deceased, Urmat Khatoon (PW-5), stated that on 27th April 2014, she and the deceased was going to Khajuri Khas, Usmanpur. When they reached Khajuri Chowk at about 8:15 pm, the deceased went to hail a rickshaw. PW-5 was standing at the Khajuri Chowk and many public persons were present there. Subsequently, she heard the cries of her husband. She immediately rushed towards him and found one boy giving him knife blows on the stomach. Meanwhile, the police reached the spot and the assailant was apprehended. An ambulance also reached the spot. The deceased was taken to GTB Hospital where he received medical treatment.
5. HC Dinesh Kumar (PW-8) was on duty at the Police Control Room (PCR), North-East Zone. At 8:20 pm, one van came to him while he was in the PCR vehicle and stated that a man had been stabbed at Pushta Road near the traffic police booth. PW-8 immediately reached the spot and saw that Ct. Ravi Kant (PW-10) was holding the Appellant with his knife in hand. PW-8 also noticed the injured deceased lying on the spot. Blood was noticed on the spot as well as on the clothes worn by the injured and the Appellant. PW-8 helped in shifting the injured to GTB Hospital.
6. PW-10 states that he was in the area of Beat No.3 known as Khajuri Chowk. At 8:15 pm, he was present near the traffic booth on Pushta Road, Khajuri Chowk when he heard the noise of a quarrel between two persons on the issue of sitting on a rickshaw. Even as he went near the rickshaw, one person took out the knife from the right side dub of his pant and gave 4-5 knife blows to the other person, as a result of which blood started oozing out from his chest and abdomen injuries. The injured tried to catch hold of the Appellant. PW-10 himself reached there and nabbed the assailant who was holding a knife. He mentioned about one lady and another person who were present there and who had witnessed the stabbing and tried to save the injured. The PCR officials then shifted the injured to the hospital.
Medical evidence
7. The MLC of the deceased (Ex.PW-13/A) shows that he was brought there on at 9:35 pm on 27th April 2014 by PW-8. It was noted that he was fit for statement. He was examined by Dr. Sachin (PW-13), who prepared the above MLC. Injuries on various parts of the body were noticed. He was referred to surgery.
8. The deceased succumbed to his injuries on 30th April 2014. His post mortem examination was conducted by Dr. Neha Gupta (PW-14). Eight injuries were noticed by her. Injury Nos.2 and 3 were abrasions on the left leg and right leg. Injury No.1 was a surgical stitched lobotomy wound present vertically over abdomen in the midline. Injury No.4 was an incised stab wound over the left side back. Injury No.5 was an incised stab wound over the upper back. Injury No.6 was an incised stab wound present over the left sho
