1999 Supreme(Raj) 1324
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Arun Madan, J.
Pannalal & Ors. - Appellant
Versus
State of Rajasthan - Respondent
S.B.Cr, Appeal No. 61 of 1999.
Decided On : 17-08-1999
Advocates:
For the Appellants:Mr. D.K. Soral, Advocate.
For the Respondent: Miss Sumitra Goyal, PP.
The court can reduce the sentence imposed on an appellant if there is no motive or intention to commit murder and the injuries inflicted were not likely to cause death.
Headnote:
{'KEYWORD': 'CULPABLE HOMICIDE NOT AMOUNTING TO MURDER', 'SUBJECT': 'SENTENCE REDUCTION', 'ACT SECTION LIST': ['SECTION 11 INDIAN PENAL CODE', 'SECTION 304 INDIAN PENAL CODE', 'SECTION 325/34 INDIAN PENAL CODE', 'SECTION 323/34 INDIAN PENAL CODE']}
Fact of the Case:
The appellants were convicted for culpable homicide not amounting to murder under Section 304 Indian Penal Code for causing the death of Shankerlal, who died as a result of head injury. The appellants had no motive or intention to commit murder, and the injuries inflicted were not likely to cause death.
Finding of the Court:
The court found that the appellants had rightly been convicted under Section 304 Indian Penal Code, Section 325/34 Indian Penal Code, and Section 323/34 Indian Penal Code. However, the court reduced the sentence imposed on the appellants, considering the nature of the injuries and the fact that they had been incarcerated since 1997.
Issues: Whether the appellants had the motive or intention to commit murder.
Ratio Decidendi: The court held that the appellants did not have the motive or intention to commit murder, as there was only one fatal injury on the head of the deceased and the injuries inflicted were not likely to cause death.
Final Decision: The appeal was partly allowed. The sentence of the appellants Pannalal and Rajasthan alias Rajmal was reduced to the period already undergone, while the fine was enhanced to Rs. 5,000/- each. The sentence of appellant Mangilal was reduced from 10 years RI to 5 years RI, and the fine was enhanced to Rs. 5,000/-. The fine was to be paid to the family members of the deceased as compensation.
JUDGMENT
1. - This criminal appeal is directed against the judgment dated 15.1.1999 passed by Additional Sessions Judge, Chhabra District Baran whereby each of the appellants have been convicted for offence under Section 11/34 and sentenced to undergo two years RI with a fine of Rs. 500/- (in default thereof to further undergo six months SI) and each of them was also convicted under Section 11/34 Indian Penal Code and sentenced to undergo six months SI. Appellant Mangilal was also convicted under Section 11 Indian Penal Code and sentenced to undergo ten years RI with a fine of Rs. 1,000/-.
2. The facts, briefly stated, giving rise to this appeal are that on a written report (Ex.P.4) lodged on 18.8.1997 by one Badrilal, Crime No. 368/97 was registered at P.S. Atru. It was alleged in the report by Badrilal that on 18.8.1997 at 5 P.M., his father Shankerlal and younger brother Ramnarain were working at a well which has been in joint possession of Badrilal (informant) and Pannalal and there has been dispute between complainant party and Mangilal (appellant). It was also alleged in the report (Ex.P.4) that with an intention to kill his father and younger brother, Mangilal, Rajmal and Pannalal duly armed with "kutia" and lathis respectively came at the well and started beating causing grievous injuries on the head and right hand of his father by Mangilal; on the right hand palm and near ear on the head of his brother Ramnarain by Rajmal and Pannalal thereby, the blood oozed out of their injuries. According to the FIR, at the place of occurrence, Ramgopal and Dhannalal if had not come to rescue otherwise his father and brother would have been killed then and there. Thereupon, crime was registered for offences under Sections 307, 323, 324 and 34 Indian Penal Code but during investigation, injured Shankerlal died on 21.8.1997 thereby, offence under Section 11 Indian Penal Code was added.
3. As per post-mortem report dated 21.8.1997 (Exh.P.20) the cause of death of deceased Shankerlal was opined by the Medical jurist as Coma as a result of the head injury (on the parietal region) besides fractures of right lungs and liver caused' by sharp edged weapon which were sufficient to cause death in the ordinary course of nature. This evidence of Medical Jurist stands fully corroborated by other independent witnesses who were present at site.
4. After usual investigation, the investigating agency filed challan and thereafter, the case was committed to the Court of Session, where the appellants and co-accused Muralilal were charged with offences punishable under Sections 302, 325, 324, 323 read with Section 34 Indian Penal Code, to which they pleaded not guilty and pleaded trial. During trial, as many as 12 witnesses were examined by the prosecution. The accused were examined under section 11 Criminal Procedure Code where they took the plea of alibi but they did not produce any witness in defence.
5. After hearing the parties and after scrutinising the evidence led before it, the learned trial Court by a well reasoned judgment discussed the entire evidence on record thoroughly and arrived at the conclusion that on the basis of evidence of injured Ramnarain (PW3) and Ramgopal (PW2) (eye witnesses), that the fatal blow on the head of deceased Shankerlal was struck by Mangilal (appellant) only, and since the doctor did not opine any of the injuries found on the deceased as dangerous to cause death, but the deceased died who was removed to hospital in a state of 'coma' and three days after the date of incident Dr. Ashok Mundra in his post mortem report (Exh.P.20) dated 25.8.1997 has opined that the death has been due to coma as a result of ante mortem head and brain injuries described in this P.M. Report, with cumulative effect of injury to right Lung, Liver and Multiple fracture sufficient to cause death in ordinary course of nature. In the injury report of Shankerlal (deceased) vide PMR No. 468/97 dated 21.8.1997 prepared by the same day, the Doctor
Click Here to Read the rest of this document
Back
