2013 Supreme(Raj) 1659
RAJASTHAN HIGH COURT
Govind Mathur, V.K.Mathur, JJ.
Fateh Singh @ Fatte Singh - Appellant
Versus
State of Rajasthan - Respondent
D.B. Criminal Appeal No. 544 of 2008.
Decided On : 26-08-2013
For the Appellant:Deepak Menaria and Ranjeet Singh for Sandeep Shah, Advocates.
For the State: K.R. Bishnoi, Public Prosecutor.
Culpable homicide committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel, without undue advantage or cruel or unusual conduct, does not constitute murder under Section 300 IPC.
Headnote:
CRIMINAL APPEAL - SECTION 302, 304 PART-II INDIAN PENAL CODE - CONVICTION UNDER SECTION 302 IPC SET ASIDE, CONVICTED UNDER SECTION 304 PART-II IPC - HOMICIDE COMMITTED WITHOUT PREMEDITATION IN SUDDEN FIGHT, NO UNDUE ADVANTAGE TAKEN, NO CRUEL OR UNUSUAL ACT - SINGLE HEAD INJURY CAUSED DEATH - OFFENCE NOT MURDER - SENTENCE REDUCED.
Fact of the Case:
Accused appellant was convicted under Section 302 IPC for causing the death of his father-in-law, Nathu Singh, by hitting him with a washing baton during a sudden quarrel. The prosecution relied on the testimonies of two eyewitnesses, Balwant Kunwar (wife of the deceased) and Heer Kunwar (mother of the accused), who stated that the accused intervened in an altercation between Balwant Kunwar and his wife and struck Nathu Singh with the baton.
Finding of the Court:
The court found that the evidence established that the accused committed culpable homicide without premeditation in a sudden fight in the heat of passion upon a sudden quarrel, and that he did not take undue advantage or act in a cruel or unusual manner. The court also noted that the deceased had only a single head injury, which was the cause of his death.
Issues: Whether the offence committed by the accused amounted to murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 Part-II IPC.
Ratio Decidendi: The court held that the facts of the case did not constitute murder as defined under Section 300 IPC, as the prosecution evidence did not disclose an intention to kill on the part of the accused. The court relied on the absence of premeditation, undue advantage, and cruel or unusual conduct by the accused, as well as the single head injury sustained by the deceased.
Final Decision: The court allowed the appeal in part, setting aside the conviction under Section 302 IPC and convicting the accused under Section 304 Part-II IPC. The sentence was reduced from life imprisonment to ten years rigorous imprisonment with a fine of Rs. 5000/-.
JUDGMENT
1. - By the judgment impugned dated 3.7.2008 learned Additional Sessions Judge (Fast Track) No. 3, Udaipur, Camp Salumbar, convicted the accused appellant for an offence punishable under Section 302 Indian Penal Code and sentenced to undergo life term imprisonment with a fine of Rs. 5000/- and further to undergo three months simple imprisonment in the event of default in payment of fine.
2. Briefly stated, facts of the case as unfolded in the judgment impugned are that Shri Tej Singh son of Nathu Singh (PW-2) submitted a written report at police station Pahada District Udaipur with assertion that on 24.9.2007 at about 09:00 AM his mother Smt. Heer Kunwar (PW-3) and wife Smt. Balwant Kunwar (PW-1) were at home. At that time his younger brother Fateh Singh entered into some hot altercations with his wife Balwant Kunwar and tried to catch hold of her from hairs and throat. His father Shri Nathu Singh then intervened, to whom a washing baton blow was given by Fateh Singh, consequently he fell down. He was taken to local hospital where from he was referred to Ahmedabad Hospital. On 27.9.2007 Shri Nathu Singh died.
3. On basis of the information so given, a case was lodged and investigation commenced for an offence punishable under Section 302 Indian Penal Code. After completion of investigation a police report was filed and a charge for commission of an offence punishable under Section 302 Indian Penal Code was framed. On denial of the same by the accused, trial commenced as desired.
4. The prosecution supported its case with the aid of 16 witnesses, out of whom PW-1 Smt. Balwant Kunwar and PW-3 Smt. Heer Kunwar were cited as eye witnesses. PW-12 Dr. Prateek adduced medical evidence and PW-8 Shri Harendra Singh, being Investigating Officer, narrated all details relating to the steps taken during the course of investigation. The prosecution also supported its case by getting several documents exhibited. An opportunity was accorded to the accused appellant to explain the adverse circumstances available in the prosecution evidence and while availing that he pleaded his innocence. He termed the entire evidence false.
5. Learned trial court after examining the entire evidence available on record recorded conviction and awarded sentence.
6. In appeal, the only argument advanced by learned counsel for the appellant is that even by accepting the prosecution case in totality the offence said to be committed by the appellant does not travel beyond an offence prescribed under Section 304 part-II Indian Penal Code.
7. Heard learned counsel for the appellant, learned Public Prosecutor and also examined the record.
8. As per the medical evidence available on record Shri Nathu Singh died due to the head injury resulting into a fracture and excessive bleeding, as such his death is homicidal one.
9. As per PW-1 Smt. Balwant Kunwar on the fateful day she, her mother-in-law Smt. Heer Kanwar, her father-in-law Shri Nathu Singh (deceased), younger brother-in-law Fateh Singh (accused) and younger sister-in-law were at home. At about 09:00 AM Balwant Kunwar, his mother-in-law Smt. Heer Kunwar and sister-in-law (wife of Fateh Singh) entered into some hot altercations. At that time accused Fateh Singh intervened and stated that he will consume blood of her husband. This witness in response stated that he have to first consume her blood. Accused Fateh Singh then gave a fist blow to this witness and tried to pull her from her hair. Shri Nathu Singh then came forward and intervened. Accused, being under annoyance, gave a washing baton (wooden) blow to Nathu Singh, consequently he fell down and became unconscious. He was then taken to Hospital at Ahmedabad, where he died on 27.9.2007.
10. PW-3 Smt. Heer Kunwar wife of deceased Nathu Singh and mother of accused Fateh Singh also narrated the same fats. As per this witness during the course of hot altercations when her husband intervened a washing baton blow was given by Fateh Singh.
11. In view of the statements
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