The distinction between murder and culpable homicide is fundamentally based on the presence or absence of intent, with actions classified under Section 304 Part II when committed without intention to kill but with knowledge of likely death.

JUDGMENT :

MANOJ KUMAR GARG, J.

1. All the aforesaid matters, two criminal appeals and one revision petition, have arisen out of the common judgment dated 09.07.1997, passed by learned Session Judge, Pali, in Sessions Case No.78/1988 by which the learned Trial Court acquitted the accused Smt. Pyari from offence under Sections 147 , 148, 302/149, 323, 323/149 IPC and convicted the accused-appellant No.1 Bastiram for offence under Sections 302 & 323 IPC and accused-appellants No.2 to 4 namely Kalu, Champalal & Madan for offence under Section 323 IPC.

2. For offence under Section 323 IPC, the trial court sentenced the accused appellants with a fine of Rs.500/- and in default of payment of fine to undergo three months’ SI.

3. Whereas, for offence under Section 302 IPC, the learned trial court sentenced the accused-appellant No.1 Bastiram to undergo life imprisonment along with a fine of Rs.500/- and in default of payment of fine to further undergo three months’ RI.

4. Since all the matters are arising out of the same judgment and order, therefore, they are being decided by this common order.

5. Criminal Appeal No.351/1997 has been filed by the accused-appellants against their conviction for offence under Section 302 & 323 IPC. Whereas, Revision Petition No.369/1997 by the father of the deceased- Chhatar Singh and Criminal Appeal No.51/1998 by the State have been preferred against the acquittal of the accused persons from offence under Section 302 /149 IPC and for awarding lesser sentence to the accused persons.

6. The brief facts necessary for adjudication of the present controversy are that on 23.07.1988, the complainant- Laxman Singh (PW-8) submitted a written report (Ex.P/10) at Police Station, Marwar Junction, stating that on 22.07.1988, at about 06:00 PM, when the deceased- Parbat Singh was proceeding towards his residence from the tea stall of Samarath Singh, the accused persons, armed with lathis, intercepted him and assaulted him. The complainant, along with other villagers namely Vijay Singh, Jai Singh, Ratan Singh, Bheru Singh and Chainaram rushed to rescue Parbat Singh, during which Ratan Singh also sustained injuries. Subsequently, the mother of the deceased and one Chail Singh reached the spot and attempted to rescue Parbat Singh; however, the accused persons inflicted injuries upon them as well. Thereafter, the accused persons fled from the scene. Owing to the injuries sustained, Parbat Singh became unconscious and was immediately taken to Bangar Hospital, Pali, where he was admitted. Despite medical intervention, he succumbed to his injuries on 23.07.1988.

7. On the said report, Police registered the FIR and started investigation. During investigation, Police arrested the accused persons. On completion of investigation, police filed challan against the accused persons under Sections 147 , 148, 149, 302, 323 & 324 IPC.

8. Thereafter, learned Trial Court framed, read over and explained the charges for the offence under Sections 147 , 148, 302, 302/149, 323, 323/149 IPC to accused persons. They denied the charge and sought trial.

9. During the course of trial, the prosecution examined as many as 22 witnesses and also got exhibited relevant documents in support of its case.

10. The accused persons were examined under Section 313 Cr.P.C. In defence, one witness- Dr. Hari Kishan Goyal was examined as DW-1 and seven documents were exhibited.

11. Learned trial Court, after hearing the arguments from both the sides, taking into consideration and appreciating the documentary evidence and the statements of witnesses, vide judgment dated 09.07.1997 acquitted the accused- Smt. Pyari from the offences under Sections 147 , 148, 302/149, 323, 323/149 IPC, however, convicted and sentenced the accused- appellant No.1- Bastiram for the offence under Sections 302 & 323 IPC and accused-appellants No.2 to 4 namely Kalu, Champalal & Madan respectively, for offence under Section 323 IPC, as aforesaid. Hence, the State and the father of the decea