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High Court Of Rajasthan
Judgename : V.S.KOKJE,A.S.GODARA
HAR CHAND - Appellant
Versus
STATE OF RAJASTHAN - Respondent
CRI. J. A. 328 Of 1994
Decided On : 08/05/1996
CRIMINAL APPEAL - Murder - Section 302, 450 IPC - Deceased was fatally assaulted by the appellant with an axe - Appellant had a motive to assault the deceased due to a dispute about the partition of the house - Medical evidence confirmed the cause of death as head injury - Defense of private right of defense was not established - Conviction under Section 302 IPC was altered to Section 304 Part II IPC - Acquittal from Section 450 IPC was upheld.
Fact of the Case:
The appellant, Harchand, was convicted under Sections 302 and 450 of the Indian Penal Code (IPC) for the murder of his younger brother, Val Chand. The prosecution alleged that Harchand had entered Val Chand's house armed with an axe and demanded a share in the ancestral house. A quarrel ensued, during which Harchand inflicted injuries on Val Chand's legs with the axe. Val Chand's wife, Nani, and daughter, Sangeeta, tried to intervene, but they were pushed away. Harchand then inflicted a fatal head injury on Val Chand with the reverse side of the axe. Val Chand was taken to several hospitals but succumbed to his injuries. The appellant denied his involvement and claimed that Val Chand had struck his head against the door of his room, resulting in the fatal injury.
Finding of the Court:
The court found that the prosecution had proved beyond reasonable doubt that Harchand had assaulted Val Chand with the axe, causing his death. The court rejected the appellant's defense of private right of defense, finding that there was no evidence that Val Chand had posed any threat to Harchand. The court also found that the appellant had not intended to cause Val Chand's death, but had acted in the heat of the moment. Therefore, the court altered the conviction under Section 302 IPC to Section 304 Part II IPC, which deals with culpable homicide not amounting to murder.
Issues: 1. Whether the appellant had assaulted Val Chand with the axe, causing his death? 2. Whether the appellant had acted in exercise of private right of defense? 3. Whether the appellant had intended to cause Val Chand's death?
Ratio Decidendi: 1. The court relied on the testimony of eyewitnesses, including Val Chand's wife and daughter, as well as the medical evidence to conclude that the appellant had assaulted Val Chand with the axe, causing his death. 2. The court found that there was no evidence that Val Chand had posed any threat to the appellant, and therefore rejected the appellant's defense of private right of defense. 3. The court considered the nature of the injuries inflicted, the time gap between the incident and Val Chand's death, and the lack of proper medical treatment in concluding that the appellant had not intended to cause Val Chand's death.
Final Decision: The court accepted the appeal in part. The appellant was acquitted of the offenses punishable under Sections 302 and 450 IPC, and the sentences passed thereunder were set aside. Instead, the appellant was convicted of an offense punishable under Section 304 Part II IPC and sentenced to 6 years rigorous imprisonment and a fine of Rs. 10,000. In default of payment of fine, he was to further undergo a sentence of one year's rigorous imprisonment. The court ordered that the fine, if realized, be paid as compensation to Val Chand's wife and daughter.
GODARA, J.
( 1 ) THIS appeal has been preferred by the appellant, through the jail, against the judgment and order dated 30-5-1994, passed by the learned Additional Sessions Judge No. 1, Udaipur whereby the appellant has been convicted under Sections 302 and 450, I. P. C. He has been awarded sentence of Life Imprisonment under Section 302, I. P. C. besides a fine of Rs. 1000/- and, in default of payment of fine, six months R. I. Besides, he has been convicted under Section 450, I. P. C. and sentenced to undergo 5 years R. I. and to pay fine of Rs. 250/- and, in default, to further undergo 3 months R. I.
( 2 ) IN brief, the prosecution story, giving rise to the present appeal is as follows : This incident is alleged to have taken place on 31-10-90 at about 10 a. m. at the residence of Val Chand (deceased), situated in the village Karchha. P. W. 3 Daya, P. W. 16 Rama and the appellant are real brothers of Val Chand (deceased ). Val Chand was the youngest brother. P. W. 4 Hakar is their mother and P. W. 5 Smt. Dhuli is their married sister. P. W. 6 Smt. Nani is the wife of Val Chand (deceased) while P. W. 7 Kumari Sangeeta is the daughter of the deceased.
( 3 ) AT the time of the occurrence, Val Chand was present in the dhalia situate in the rear portion of his residence which is shown by mark a in Ex. P. 2 (site plan ). P. W. 4 Smt. Hakar, P. W. 5 Smt. Dhuli, P. W. 6 Smt. Nani and P. W. 7 Kumari Sangeeta were present in the house. Accused, being armed with an axe, entered the house of Val Chand and challenged Val Chand in a threatening posture that in case he (Val Chand) did not provide him with a house, he would be done to death. The accused without losing any time, immediately inflicted injuries on both legs of Val Chand with the axe. Smt. Nani immediately rushed to intervene but she was pushed away by the accused. Both accused as well as Val Chand started quarreling and grappled with each other. They entered the room of the residence of Val Chand. Smt. Hakar and Smt. Dhuli also unsuccessfully tried to intervene and save Val Chand but without any success. They were also pushed away by the accused. In the mean time, P. W. 3 Daya also turned up. He also failed to restrain and pacify. The accused pulled out Val Chand from his room and brought him to the padsal marked by c in Ex. P. 2 (site plan ). It was there in the Padsal that the accused inflicted an injury on the head of Val Chand from the reverse side of the axe, as a result, Val Chand fell down on the ground and became unconscious. Accused immediately went away from there. P. W. 16, Rama, who was at his field, came to the spot. Both Rama as well as Smt. Nani immediately took Val Chand to Kherwada Primary Health Centre, whereat he was given medical aid by P. W. 8 Dr, Surendra Kumar Sanwar and, looking to the serious condition of the injured Val Chand, he was immediately referred to the General Hospital, Dungarpur. He was medically attended to by Medical Officers at Dungarpur. However, since it was a neuro-surgical case and no special services were available there, the patient was referred for further treatment to the Ahmedabad Hospital. Rama and Smt. Nani, firstly, took Val Chand to Himmatnagar whereat P. W. 19 Dr. Chiman Bhai Sanka Bhai Patel, a private medical practitioner, attended him and since it was a serious case, he further advised to take Val Chand to the Ahmedabad Hospital. It was on 1-11-90 when Val Chand was being taken to Ahmedabad at about in the afternoon of 1-11-90, itself, Val Chand succumbed to his injuries. Therefore, his dead body was brought back to his village on 1-11-90.
( 4 ) P. W. 6 Smt. Nani lodged Ex. P. 8 verbal report with P. W. 20 Badami Lal, Officer-in-charge of the Police Station, Kherwada on 2-11-90 at 4-15 a. m. Smt. Nani while reporting the aforesaid incident, also alleged that the appellant was annoyed with Val Chand since he was not provided with a residential accommodation in the parental house occupied by Val Chand.
( 5 ) O
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