1997 Supreme(Raj) 1508

RAJASTHAN HIGH COURT
Rajendra Saxena, Ms.Lynn Sudha Misra, JJ.
Birbal - Appellant
Versus
State of Rajasthan - Respondent
Crl. Appeal No. 101 of 1996.
Decided On : 12-12-1997

The act of the accused in repeatedly inflicting knife blows on the chest, abdomen, and wrist of the deceased, who was unarmed, clearly manifests that the appellant had caused those injuries with the intention of causing death, which he knew that those were likely to cause death and that those deadly injuries were intended to be inflicted on vital parts of the deceased, which were sufficient in the ordinary course of nature to cause death. Therefore, the act of appellant Birbal falls within Clause 3rdly as also under Clause 2ndly of Section 300 Indian Penal Code.

Headnote:

The Court convicted the accused-appellant for the offence of murder under Section 302 of the Indian Penal Code (IPC) and sentenced him to life imprisonment with a fine of Rs. 10,000/-. The deceased was a teacher at a Government Secondary School and the accused was a surplus teacher in the same school. Due to a transfer order, the accused held a grudge against the deceased. On the day of the incident, the accused went to the school and insisted on joining his duty, but the deceased declined. The accused then inflicted multiple knife blows on the deceased, causing injuries to his chest, abdomen, and wrist. The deceased was rushed to the hospital, where he succumbed to his injuries after 13 days. The prosecution examined numerous witnesses, including eyewitnesses, who testified to the incident. The accused's voluntary disclosure statement to the police and recovery of the murder weapon at his instance further corroborated the prosecution's case. The medical evidence established that the injuries sustained by the deceased were sufficient to cause death in the ordinary course of nature. The Court rejected the accused's contention that the offence fell under Section 304 Part II IPC, holding that the act of the accused was intentional and fell within Clause 3rdly and 2ndly of Section 300 IPC. The Court also dismissed the accused's argument that Exception 4 to Section 300 IPC was applicable, as the conditions for its application were not satisfied. The Court upheld the conviction and sentence of the accused, finding that the prosecution had proved its case beyond a reasonable doubt.

Fact of the Case:

The deceased, a teacher at a Government Secondary School, was stabbed to death by the accused, a surplus teacher in the same school, due to a grudge held by the accused over a transfer order. The accused inflicted multiple knife blows on the deceased, causing injuries to his chest, abdomen, and wrist. The deceased succumbed to his injuries after 13 days in the hospital.

Finding of the Court:

The Court convicted the accused-appellant for the offence of murder under Section 302 of the Indian Penal Code (IPC) and sentenced him to life imprisonment with a fine of Rs. 10,000/-. The Court held that the prosecution had proved its case beyond a reasonable doubt and that the act of the accused fell within Clause 3rdly and 2ndly of Section 300 IPC, which is punishable under Section 302 IPC. The Court rejected the accused's contention that the offence fell under Section 304 Part II IPC and that Exception 4 to Section 300 IPC was applicable.

Issues: 1. Whether the prosecution had proved its case beyond a reasonable doubt? 2. Whether the offence committed by the accused fell under Section 302 IPC or Section 304 Part II IPC? 3. Whether Exception 4 to Section 300 IPC was applicable in the present case?

Ratio Decidendi: 1. The Court held that the prosecution had proved its case beyond a reasonable doubt based on the following evidence: a. Eyewitness accounts from numerous witnesses, including staff members of the school, who testified to the incident. b. Voluntary disclosure statement made by the accused to the police. c. Recovery of the murder weapon at the instance of the accused. d. Medical evidence establishing that the injuries sustained by the deceased were sufficient to cause death in the ordinary course of nature. 2. The Court held that the offence committed by the accused fell under Section 302 IPC and not Section 304 Part II IPC. The Court found that the act of the accused was intentional and fell within Clause 3rdly and 2ndly of Section 300 IPC, which is punishable under Section 302 IPC. The Court noted that the accused had gone to the school armed with a knife and inflicted repeated knife blows on the deceased, who was unarmed. The Court also found that there was no mutual combat or exchange of blows between the deceased and the accused, and that the accused had taken undue advantage by using a deadly weapon. 3. The Court held that Exception 4 to Section 300 IPC was not applicable in the present case. The Court noted that the conditions for the application of Exception 4 were not satisfied, as the act of the accused was not committed without pre-meditation, in a sudden fight, upon a sudden quarrel, without the offender's having taken undue advantage, and without the accused having acted in a cruel or unusual manner.

Final Decision: The Court upheld the conviction and sentence of the accused-appellant for the offence of murder under Section 302 IPC and dismissed the appeal.