1985 Supreme(Raj) 698
RAJASTHAN HIGH COURT
Kanta Bhatnagar, S.S.Byas, JJ.
Gulam Hussain - Appellant
Versus
State of Rajasthan - Respondent
D.B. Appeal No. 1 of 1981.
Decided On : 25-09-1985
For the Appellant:Mr. J.R. Choudhary and Mr. Doongar Singh, Advocates.
For the Respondent:Mr. G.M. Bhandari, Advocate.
In order to establish the offense of murder under Section 302, IPC, the prosecution must prove that the accused had the intention to cause the death of the victim.
Headnote:
CRIMINAL APPEAL - SECTION 302, 304 PART II, IPC - CONVICTION UNDER SECTION 302, IPC SET ASIDE - CONVICTION UNDER SECTION 304, PART II, IPC UPHELD - SENTENCE REDUCED.
Fact of the Case:
The appellant, Gulam Hussain, was convicted under Section 302, IPC for the murder of Abdul Sakoor. The prosecution alleged that the appellant had stabbed the deceased with a knife during a quarrel. The appellant denied the charges and claimed that he had acted in self-defense.
Finding of the Court:
The court found that the appellant had indeed stabbed the deceased, but that there was no evidence of premeditation or motive. The court also found that the appellant had not intended to cause the death of the deceased, but had acted in the heat of the moment.
Issues: 1. Whether the appellant was guilty of murder under Section 302, IPC? 2. Whether the appellant was guilty of culpable homicide not amounting to murder under Section 304, Part II, IPC?
Ratio Decidendi: The court held that the appellant was not guilty of murder under Section 302, IPC, because there was no evidence of premeditation or motive. The court also held that the appellant was not guilty of culpable homicide not amounting to murder under Section 304, Part II, IPC, because he had not intended to cause the death of the deceased.
Final Decision: The court set aside the appellant's conviction under Section 302, IPC, and instead convicted him under Section 304, Part II, IPC. The court sentenced the appellant to eight years of rigorous imprisonment and a fine of Rs. 300.
JUDGMENT
1. - The appeal is directed against the judgment of the learned Additional Sessions- Judge, Nagaur dated December 17, 1980, by which the appellant Gulam Hussain was convicted under Section 302, IPC and sentenced to imprisonment for life with a fine of Rs. 300/-, in default of the payment of fine to further undergo three months rigorous imprisonment.
2. Briefly put, the prosecution case is that at about 830 p.m. on August 17, 1979, PW 1 Safi Mohammed, PW 4 Abdul Rehman, PW 7 Mohammed Yakoob, PW 10 Noor Mohammed and the deceased Abdul Sakoor were sitting on the Chabutari of one Ismail Lohar situate near Loharpura Chowk, Nagaur and were talking about the crops. PW 2 Usman was also standing nearby and PW 3 Mohammed Ali was standing out side his hotel situate nearby. While they were talking, Naina (co-accused convicted under Section 323, IPC) came there and asked Safi Mohammed (PW 1) as to why he had poured down the milk carried by his son Yusuf (co-accused, but acquitted) in a drum. PW 1 Safi Mohammed expressed his ignorance. At that very time, Naina's sons Gulam Hussain (appellant) and Yusuf came there. Accused Naina had a stick with him. He started striking blows to Mohammed Usman(PW 2) and Mohammed Yakoob (PW 10) with the stick. The deceased Abdul Sakoor, who was standing nearby, tried to intervene. Thereupon accused Gulam Hussain struck a blow on the right thigh of Abdul Sakoor (mentioned also as Sakoor) with a knife. Accused Gulam Hussain thereafter plunged the knife in the chest of Abdul Sakoor. Abdul Sakoor fell down. The three miscreants Naina, Yusuf & Gulam Hussain ran away from the spot.Abdul Sakoor was immediately taken to the hospital. He, however, did not survive and passed away at about 9.30 p.m. on the same day. PW 7 Mohammed Yakoob went to police station, Kotwali, Nagaur and presented written report Ex. P. 6 of the occurrence at about 2.40 p.m. on the same day. The police registered a case and proceeded with investigation. The Investigating Officer Mod Singh (PW 15) immediately reached the hospital and posted some constables there near the dead body of the deceased Abdul Sakoor. He also posted some constables at the place of occurrence. Since it was night, the site could not be inspected at that time. The Station House Officer inspected the site in the next morning and prepared site plan. He also prepared the inquest report of the victim's dead body. The post mortem examination of the victim's dead body was conducted at about 8.40 a.m. on August 18. 1979 by the Medical Jurist Dr. Bheem Singh (PW 9). He noticed the following ante-mortem injuries on the victim's dead body:
External:
(1) Penetrating wound 2.5 cm. x 1 cm. x 1.5 cm. on lower part of left border of steraum undermined margius;
(2) Penetrating wound 2.5 cm. x 1.6 cm. x 10 cm. on the posterior aspect of right thigh in the middle undermined margins.
Internal:
(1) There was a cutting-penetrating wound in the left 5th intercostal space 5 cm. x 1 cm. in size, starting from left border of sternum, going outside cutting all the structures of chest wall. There was no injury to ribs or cartilages.
3. In the opinion of Dr. Bheem Singh, the death of the victim had resulted from internal haemorrhege caused by penetrating wound on heart which was the result of penetrating (stab) wound of chest wall. The postmortem examination report prepared by him is Ex. P. 10. The injuries of PW 2 Mohammed Usman and PW 7 Mohammed Yakoob were also examined by Dr. Bheem Singh. Three simple injuries were found on the person of Mohammed Usman and two injuries were found on the person of Mohammed Yakoob. These injuries were opined to have been caused by some blunt object like Lathi. The injury reports are Ex. P. 11 and Ex. P. 12. In consequence of the disclosure statement made by the appellant on the same day, Jambhiya (knife) Article 1 was recovered. The blood stained clothes of the deceased-victim Abdul Sakoor and the blood stained shirt of accused Gulam Hussain were also seized and
Click Here to Read the rest of this document
Back
