The court established that absence of intention to kill, even in a fatal altercation, can lead to a conviction for culpable homicide not amounting to murder under Section 304 IPC.

JUDGMENT

Manoj Kumar Garg, J. - The instant criminal appeal has been filed by the accused appellant under Section 374(2) Cr.P.C. against the judgment dated 19.11.2019 passed by the learned Additional Sessions Judge, Bali, District Pali in Session Case No. 23/2016 by which learned Judge convicted the accused-appellant for offence under Section 302 IPC and sentenced him to life imprisonment and also imposed a fine of Rs.10,000/- and in default of payment of fine, to further undergo a sentence of six month s simple imprisonment.

2. Brief facts of the case are that a written report was filed by one Darga Ram before the Police Station, Rani, District Pali stating therein that his brothers viz. Pokar Ram and Hasta Ram both reside in a nearby Dhani and they used to often quarrel with each other for liquor. The day before, Hasta Ram came on a motorcycle after consuming liquor and in the night, Pokar Ram inflicted lathi blows on the head and body of Hasta Ram who succumbed to the injuries. The informant came to know about the incident only on next morning. When he reached the house of Hasta Ram, he was lying with only an underwear on his body.

3. On the basis of the said report, the Police registered the FIR for offences under Sections 302, 201 IPC and started investigation. After usual investigation, the police filed charge sheet against the accused-appellant for offence punishable under Sections 302 & 201 IPC.

4. The case was committed for trial before the court of Addl. District & Sessions Judge, Bali, Distt. Pali where the charges were framed against the accused-appellant. The accused-appellant pleaded not guilty and claimed trial.

5. At the trial, the prosecution examined as many as 18 witnesses in all. Thereafter the statement of the accused-appellant was recorded under section 313 Cr.P.C. No witness was examined on the defence side.

6. At conclusion of the trial, the learned Addl. Sessions Judge, Bali, Distt. Pali vide judgment dated 19.11.2019 convicted the appellant for offence under Section 302 IPC and passed sentence mentioned above.

7. Learned counsel for the appellant submits that the learned trial court has not appreciated the evidence led by the prosecution in proper perspective. It is argued that there is no evidence on record that the appellant/accused had any motive or intention to kill the deceased. They used to quarrel for liquor every other day and on the day of incident also, some hot discussion took place in between appellant and deceased and at the spur of moment, the injuries were caused to the deceased. According to the statement of PW/11 Dr. Ramesh Chandra, the injury on head of deceased was found to be simple in nature. There was fracture of ribs and cause of death was due to rupture of spleen. It is further argued that after arrest of appellant, his Banyan, Dhoti and lathi was recovered. On all these articles, human blood was found but the blood group comparison failed, therefore, it can be said that finding of learned trial court for convicting the accused appellant for offence under Section 302 IPC is not sustainable in law. The crux of argument of learned counsel for the appellant is that prosecution has failed to prove its case for offence under Section 302 IPC and offence cannot travel beyond offence under Section 304 Part II IPC because there is no evidence of motive/ intention on record so as to hold the accused appellant guilty for offence under Section 302 IPC. Learned counsel prayed that this appeal may kindly be allowed in part and conviction of accused appellant may be altered from offence under Section 302 IPC to 304 Part II IPC with suitable reduction in sentence.

8. Per contra, learned Public Prosecutor vehemently argued that the learned trial court has convicted the accused appellant while considering statement of eye witnesses who have levelled specific allegations against the appellant. It is also argued that blood stained clothes and lathi was recovered as per information given by the accused who