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RAJASTHAN HIGH COURT
Gopal Krishan Vyas, Atul Kumar Jain, JJ.
Rameshwar Lal @ Fauji and others - Appellant
Versus
State of Rajasthan - Respondent
D.B. Criminal Appeal No. 265 of 2010.
Decided On : 19-09-2014
CRIMINAL APPEAL - SECTION 302, 304 PART-I, 307, 308, 148, 5/27 ARMS ACT, 3/25 ARMS ACT - CONVICTION AND SENTENCE - MODIFICATION - CULPABLE HOMICIDE NOT AMOUNTING TO MURDER - COMMON INTENTION - SUDDEN PROVOCATION - INTENTION TO CAUSE BODILY INJURY - DISTINCTION BETWEEN SECTION 302, 304 PART-I AND 304 PART-II IPC.
Fact of the Case:
The appellants were convicted and sentenced for the murder of Shanker Lal and other related offenses. The prosecution's case was that the accused-appellant Rameshwar Lal had fired from his gun on Shanker Lal causing his death. The defense claimed that the incident happened in a sudden fight in the heat of passion and without premeditation.
Finding of the Court:
The court held that the conviction of the accused-appellant Rameshwar Lal under section 302 IPC deserves to be converted from 302 IPC to 304 Part-I of IPC. The court also held that the conviction of other appellants under section 302/149 IPC deserves to be changed to section 304 Part-I IPC read with section 149 IPC. The court further held that the conviction of all the appellants under section 307/149 IPC is hereby converted under Section 308/149 IPC.
Issues: 1. Whether the conviction of the accused-appellant Rameshwar Lal under section 302 IPC can be converted to 304 Part-I of IPC? 2. Whether the conviction of other appellants under section 302/149 IPC can be changed to section 304 Part-I IPC read with section 149 IPC? 3. Whether the conviction of all the appellants under section 307/149 IPC can be converted under Section 308/149 IPC?
Ratio Decidendi: 1. The court held that the act of appellant Rameshwar Lal in causing death of Shanker Lal by gun fire comes within the ambit of section 304 Part-I of IPC because as per exception-4 to section 300 IPC 'culpable homicide' is not 'murder' if it is committed without premeditation in a sudden fight in the heat of passion upon sudden quarrel and without the offenders is having taken undue advantage or acted in a cruel or unusual manner'. 2. The court held that when the main accused-appellant Rameshwar Lal has been convicted only under section 304 Part-I of IPC then other ten appellants (Appellant No.2 to 11) cannot be convicted under section 302/149 IPC so their conviction is also altered from 302/149 IPC to 304 Part-I IPC read with section 149 IPC. 3. The court held that the conviction of all the appellants under section 307/149 IPC is hereby converted under Section 308/149 IPC because whoever does any act with such an intention or knowledge, under such circumstances that if he by that act causes death, he would be guilty of 'culpable homicide ' not amounting to murder and shall be punishable under section 308 IPC.
Final Decision: The appeal of the eleven appellants was partly allowed by modifying the conviction and sentences awarded by the trial court.
1. Rameshwar Lal @ Fauji:- 302 I.P.C. Life imprisonment with L 25000/- fine and in default of payment of fine, two years simple imprisonment. 307/149 I.P.C. Ten years simple imprisonment with fine of L 10,000/-, in default of payment of fine one year simple imprisonment 148 I.P.C. Two years simple imprisonment with L 3000/- fine and in default of payment of fine six months simple imprisonment. 5/27 Arms Act Three years simple imprisonment with fine of L 5000/- and in default of payment of fine six months simple imprisonment. 2. Gopal Ram: 302/149 I.P.C. Life imprisonment with L 25000/- fine and in default of payment of fine, two years simple imprisonment. 307/149 I.P.C. Ten years simple imprisonment with fine of L 10,000/-, in default of payment of fine one year simple imprisonment 148 I.P.C. Two years simple imprisonment with L 3000/- fine and in default of payment of fine six months simple imprisonment. 3. Sahi Ram: 302/149 I.P.C. Life imprisonment with L 25000/- fine and in default of payment of fine, two years simple imprisonment. 307/149 I.P.C. Ten years simple imprisonment with fine of L 10,000/-, in default of payment of fine one year simple imprisonment 148 I.P.C. Two years simple imprisonment with L 3000/- fine and in default of payment of fine six months simple imprisonment. 5/27 Arms Act Three years simple imprisonment with fine of L 5000/- and in default of payment of fine six months simple imprisonment. 4. Bhajna Ram: 302/149 I.P.C. Life imprisonment with L 25000/- fine and in default of payment of fine, two years simple imprisonment. 307/149 I.P.C. Ten years simple imprisonment with fine of L 10,000/-, in default of payment of fine one year simple imprisonment 148 I.P.C. Two years simple imprisonment with L 3000/- fine and in default of payment of fine six months simple imprisonment. 5/27 Arms Act Three years simple imprisonment with fine of L 5000/- and in default of payment of fine six months simple imprisonment. 5. Bhagirath: 302/149 I.P.C. Life imprisonment with L 25000/- fine and in default of payment of fine, two years simple imprisonment. 307/149 I.P.C. Ten years simple imprisonment with fine of L 10,000/-, in default of payment of fine one year simple imprisonment 148 I.P.C. Two years simple imprisonment with L 3000/- fine and in default of payment of fine six months simple imprisonment. 5/27 Arms Act Three years simple imprisonment with fine of L 5000/- and in default of payment of fine six months simple imprisonment. 6. Sukhram: 302/149 I.P.C. Life imprisonment with L 25000/- fine and in default of payment of fine, two years simple imprisonment. 307/149 I.P.C. Ten years simple imprisonment with fine of L 10,000/-, in default of payment of fine one year simple imprisonment 148 I.P.C. Two years simple imprisonment with L 3000/- fine and in default of payment of fine six months simple imprisonment. 7. Mokhram: 302/149 I.P.C. Life imprisonment with L 25000/- fine and in de
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