The court established that spontaneous actions during a heated dispute can lead to a conviction for culpable homicide rather than murder, reflecting the importance of intent in legal determinations.

Judgment

Pankaj Bhandari, J. - The accused appellant - Jasvinder Singh @ Kalu has preferred the instant appeal aggrieved by the judgment of conviction and order of sentence dated 19.03.2015 whereby the accused appellant has been convicted for offence under Section 302 of the Indian Penal Code (hereinafter referred to as 'the IPC') and has been sentenced to imprisonment for life and a fine of Rs.2,000/-; in default of payment of fine, to further undergo one month imprisonment.

2. Succinctly stated the facts of the case are that on 07.08.2011, complainant - Karnail Singh had given a 'parchabayan' (Exhibit-D1) to the Station House Officer, Police Station, Bhiwadi Phase-III, Alwar stating therein that at about 12:00 noon, he had come to home after working in the fields. The house of Balwant Singh is situated nearby and the dispute was going on between them with regard to right of way. Balwant singh and his son Kalu were abusing his wife and when he asked them not to abuse, then Kalu and Banta Singh came out with guns. It is also stated that Kalu with an intention to cause death, opened fire, whereby his brother Pooran Singh sustained injuries on his chest and head. Banta Singh also fired whereby he sustained injuries on his chest and hands. His wife Premo Bai, who was also standing there, also suffered injuries. It was also mentioned in the parchabayan that many persons have witnessed this occurrence.

3. On the basis of said 'parchabayan', police registered the FIR bearing No.300/2011 (Exhibit-34) on the same day i.e. 07.08.2011 and after conducting due investigation filed a chargesheet against the accused appellant and four other accused. After committal of the case to the Sessions Court, the charges were framed against them. They denied charges and sought trial. As many as 29 witnesses were examined and 37 documents were exhibited on behalf of the prosecution. In defence, 4 documents were exhibited. All the accused were examined under Section 313 of the Cr.P.C. The court after hearing the arguments have convicted the present accused appellant for offence under Section 302 of IPC and has sentenced him for life imprisonment and has acquitted the co-accused for offence under Sections 148, 307 or 307/149 & 302/149 of IPC and 302 of IPC. Accused Balwant Singh, Atma Singh and Jasvinder Singh @ Kalu - present accused appellant have also been convicted for offence under Section 323/149 of IPC and sentenced them to period already undergone. Aggrieved by the conviction for offence under Section 302 of IPC and sentence awarded to the accused appellant, the present appeal has been preferred before this Court.

4. After arguing at some length, learned counsel for the accused appellant contends that the dispute took place on the spur of the moment. There were exchange of abuses between the parties and the dispute pertains to right of way. The offence would not travel beyond Section 304 Part-I of IPC. Thus, a prayer is made that the conviction of the accused appellant for offence under Section 302 of IPC be converted to Section 304 Part-I of IPC. Learned counsel for the accused appellant, in support of his submissions, has placed reliance on Division Bench Judgment of the Rajasthan High Court in Narendra Singh & Anr. Versus State of Rajasthan: D.B. Criminal Appeal No.887/2014 decided on 25.04.2017.

5. Learned counsel for the complainant and the learned Additional Government Advocate have opposed the appeal. They have contended that the conviction of the accused-appellant for offence under Section 302 of IPC does not call for any inference by this Court.

6. We have considered the contentions raised by learned counsel for the parties and have carefully scanned the evidence on record.

7. Surendra Singh (PW-24), Investigating Officer, has deposed that the complainant and accused parties are related to each other. They had a dispute with regard to land and the right of way. He has also admitted that there was pelting of stones between the parties and one o