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2017 Supreme(Raj) 882
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Mohammad Rafiq, Dinesh Chandra Somani, JJ.
Asharam s/o Girraj - Appellant
Versus
State of Rajasthan - Respondent
D.B. Criminal Appeal No. 994, 527, 551, 562, 563, 566, 727 of 2011
Decided On : 28-03-2017
For the Appellant :Mr. Vijay Yadav, Advocate, Mr. Biri Singh Sinsinwar, Senior Counsel assisted by Mr. Rajesh Choudhary, Advocates, Mr. Tarun Jain on behalf of Mr. Sanjay Mehrishi, Advocates
For the Respondent: Mr. R.S. Raghav, Public Prosecutor
In cases of sudden fight in the heat of passion upon a sudden quarrel, where the accused does not take undue advantage or act in a cruel manner, the offense may fall under Exception 4 to Section 300 IPC, which provides an exception to the offense of murder.
Headnote:
CRIMINAL LAW - SECTION 300 IPC - EXCEPTION 4 - SUDDEN FIGHT - COMMON OBJECT OF UNLAWFUL ASSEMBLY - ACT EXCEEDING COMMON OBJECT - INDIVIDUAL RESPONSIBILITY - SENTENCE.
Fact of the Case:
A group of accused went to the agricultural field of the complainant party with the intention of causing grievous injuries. During the incident, one of the accused, Asharam, inflicted a fatal injury on the deceased, Hariram. The trial court convicted and sentenced the accused under various sections of the IPC, including Section 302 (murder).
Finding of the Court:
The High Court found that the accused had gone to the agricultural field with the common object of causing grievous injuries, which constituted an unlawful assembly. However, the court held that Asharam had exceeded the common object of the unlawful assembly by inflicting a fatal injury on the deceased. The court further found that the other accused could not be held responsible for Asharam's individual act.
Issues: Whether the accused were guilty of murder under Section 302 IPC.
Ratio Decidendi: The court held that the facts of the case attracted Exception 4 to Section 300 IPC, which provides an exception to the offense of murder in cases of sudden fight in the heat of passion upon a sudden quarrel. The court found that Asharam had not taken undue advantage or acted in a cruel manner, and therefore, his offense fell under Section 304 Part I IPC (culpable homicide not amounting to murder).
Final Decision: The High Court partly allowed the appeals. The conviction and sentence of Asharam under Section 302 IPC was set aside, and he was convicted under Section 304 Part I IPC and sentenced to 10 years rigorous imprisonment. The other accused were acquitted of the charges under Section 302/149 IPC, but their convictions under other sections were maintained. However, they were sentenced to a period of imprisonment already undergone by each of them.
1. These appeals are directed against two judgments, both dated 30.05.2011, passed by Additional Sessions Judge (Fast Track), Sawaimadhopur (for short ‘the trial court’) in Sessions Case No. 10/2008 (49/2007, 109/2007) and 10/2010(46/2010, 63/2010) respectively, whereby the accused-appellants were convicted and sentenced in the manner indicated below:
Name of Accused
Conviction And Sentence
(1)Nanda @ Nandkishore (2) Asharam, (3) Jairam, (4) Mayram @ Miyaram (5) Hanuman, (6) Shyokaran, (7) Mojiram, (8) Ratanlal, (9) Ramphool, (10) Kamlesh, (11) Ramkesh @ Keshya
Under Section 148 IPC to undergo simple imprisonment for one year.
(1)Nanda @ Nandkishore (2) Asharam, (3) Jairam, (4) Mayram @ Miyaram (5) Hanuman, (6) Shyokaran, (7) Mojiram, (8) Ratanlal, (9) Ramphool, (10) Kamlesh, (11) Ramkesh @ Keshya
Under Section 447 IPC to undergo simple imprisonment for three months.
(1)Nanda @ Nandkishore (2) Asharam, (3) Jairam, (4) Mayram @ Miyaram (5) Hanuman, (6) Shyokaran, (7) Mojiram, (8) Ratanlal, (9) Ramphool, (10) Kamlesh, (11) Ramkesh @ Keshya
Under Section 323 IPC to undergo simple imprisonment for one year.
(1)Nanda @ Nandkishore (2) Asharam, (3) Jairam, (4) Hanuman, (5) Shyokaran, (6) Mojiram, (7) Ratanlal, (8) Ramphool, (9) Kamlesh, (10) Ramkesh @ Keshya
Under Section 324/149 IPC to undergo simple imprisonment for two years.
(1) Mayram @ Miyaram
Under Section 324 IPC to undergo simple imprisonment for two years.
(1)Nanda @ Nandkishore (2) Asharam, (3) Jairam, (4) Mayram @ Miyaram (5) Hanuman, (6) Shyokaran, (7) Mojiram, (8) Ratanlal, (9) Ramphool, (10) Kamlesh, (11) Ramkesh @ Keshya
Under Section 325/149 IPC to undergo simple imprisonment for three years and fine of Rs. 500/-, in default whereof to further undergo six months simple imprisonment.
(1) Asharam
Under Section 302 IPC to undergo rigorous imprisonment for life and fine of Rs. 2,000/-, in default whereof to further undergo one year’s rigorous imprisonment.
(1)Nanda @ Nandkishore (2) Jairam, (3) Mayram @ Miyaram (4) Hanuman, (5) Shyokaran, (6) Mojiram, (7) Ratanlal, (8) Ramphool, (9) Kamlesh, (10) Ramkesh @ Keshya
Under Section 302/149 IPC to undergo rigorous imprisonment for life and fine of Rs. 2,000/-, in default whereof to further undergo one year’s rigorous imprisonment.
2. Brief facts of the case are that a written report was submitted by Shyamlal at Police Station Kotwali, Sawaimadhopur alleging therein that on 30.05.2007 at about 6.00 PM, accused Asharam, Mojiram and Hanuman Meena were cutting a Babool tree standing in the land of informant. When his brother - Dhara Singh forbade the accused persons from cutting the tree, they ran after him, but could not apprehend him. But they threatened to see him afterwards. At about 6.30 - 7.00 PM, when the informant’s father was returning to the village for dinner, the aforenamed accused persons, who were hiding in the ‘nallah’ near the well, subjected him to beating with ‘lathis’, as a result of which informant’s father Surajmal sustained injuries. Thereafter all the accused persons armed with ‘lathi’, ‘gandasi’ and ‘kulhari’ came towards the well and accused Asharam, Shyokaran, Jairam, Mojiram, Mayram @ Miyaram, Shyoraj and Girraj gave beating to Hariram with ‘gandasis’ and ‘lathies’. Accused Asharam inflicted injury with a ‘gandasi’ on the head of Hariram, as a result of which he fell down. Accused Maderam, Sukhram, Rattiram, Harkesh, and Babu gave beating to Munim. Maderam is alleged to have inflicted injury with a ‘gandasi’ on the head of Munim. Accused Hanuman inflicted injury with a ‘gandasi’ on the head of Rambharosi, Accused Ghanshyam and Kalu gave beating to Ram Singh with ‘lathi’. Accused Narain and Jairam gave beating to Dhar
