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2017 Supreme(J&K) 9
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Mohammad Yaqoob Mir & Alok Aradhe, JJ.
Pawan Kumar - Appellant
Vs.
State of J&K - Respondent
Cr. Appeal No. 25 of 2013, MP No.01 of 2016, MP No.42 of 2013 c/w Confirm No.14 of 2013
Decided On : 06-02-2017
For the Appellant :Mr. P.N. Raina, Sr. Advocate with Mr. J.A. Hamal, Advocate.
For the Respondent:Mr. R.S. Jamwal, Dy. Advocate General.
The central legal point established in the judgment is the interpretation of intention and knowledge under Section 300 RPC, supported by medical evidence and case law references.
Headnote:
Intention - Murder - Section 302, 449 RPC - Summary of Acts and Sections: Section 300, 302, 449, 374 Cr.PC - The court discussed the requirements of Section 300 RPC and the medical evidence to determine the intention and knowledge of the accused. It referenced judgments from AIR 1981 SC 1441, AIR 1968 SC 867, and AIR 1968 SC 1390 to interpret the legal provisions and influence the decision.
Fact of the Case:
The appellant was convicted for offences under Sections 302 and 449 RPC and acquitted of the charge under Section 7/27 Arms Act. The prosecution's case involved the accused assaulting the deceased with a sharp-edged weapon, leading to the victim's death.
Finding of the Court:
The court found the accused guilty under Section 302 and 449 RPC based on the medical evidence and the presence of intention and knowledge to cause death. The accused was acquitted of the charge under Section 7/27 Arms Act.
Issues: The issues revolved around the intention and knowledge of the accused regarding the fatal injury caused to the victim and the applicability of the relevant legal provisions.
Ratio Decidendi: The court relied on the medical evidence and interpretations from case laws to establish the intention and knowledge of the accused, leading to the decision to convict under Section 302 and 449 RPC.
Final Decision: The appellant's conviction under Section 302 RPC was altered to Section 304 (Part-II) RPC, and the sentence was modified. The appeal was allowed, and the judgment and order providing for conviction and sentence were modified.
Yaqoob, J.
1. Learned Principal Sessions Judge, Ramban vide judgment impugned dated 28.02.2013, on completion of the trial, has convicted the appellant for having committed the offences punishable under Sections 302 and 449 RPC and acquitted him of the charge under Section 7/27 Arms Act.
2. After hearing on the quantum of sentence, vide order dated 28.02.2013 has sentenced the accused to rigorous imprisonment for life and fine of Rs.50,000/-(fifty thousand) under Section 302 RPC, rigorous imprisonment for a period of five years and fine of Rs. 5,000/- (five thousand) under Section 449 RPC. Both the sentences to run concurrently. The period of detention undergone during investigation and trial to be set off against the sentence of imprisonment. In default of payment of fine, the appellant shall have to undergo simple imprisonment for a period of one year under Section 302 RPC and one month under Section 449 RPC. The amount of fine, if realised to be paid as a compensation to the wife of the deceased.
3. Proceedings of the case have been submitted in terms of Section 374 Cr.PC which stands registered as Confirm. No. 14/2013. Appeal preferred by the appellant has been registered as Criminal Appeal No. 25/2013.
4. Learned counsel for the appellant has argued that the requirements under Section 300 of RPC are not satisfied as the death caused was not intended. The evidence as produced suggests that the act done could not even come under the Part-I and Part-II instead falls under the Part-III of Section 299 RPC. Accused had no knowledge that his alleged act was to cause death of the victim. While referring to the medical evidence, more particularly, the statement of PW-14 Dr. Anirudh Singh, placed reliance on the judgments reported in AIR 1981 SC 1441, AIR 1968 SC 867 and AIR 1968 SC 1390. Further argued that in case his submission does not prevail, then he may project case for acquittal of the appellant.
5. Learned Deputy Advocate General submitted that the requirements of Section 300 RPC are fully satisfied. Learned trial court has consistent with law rightly convicted the accused under Section 302 RPC and proper sentence has been awarded.
6. For appreciating the rival submissions, it would be quite advantageous to precisely notice as to what the prosecution case is and what is the medical evidence.
7. The case set up by the prosecution is that the relation between Rajinder Kumar (deceased) and Pawan Kumar alias Nikku (accused) were strained. On 05.01.2008 at 5 PM, accused after entering into the house of the Rajinder Kumar (deceased) assaulted him with the sharp edged weapon. After causing serious injuries he had escaped from the place of occurrence. The matter was reported to the police, case was registered as FIR No.03/2008, P/s Batote for offences punishable under Section 302/449 RPC and 7/27 Arms Act.
8. On completion of investigation, charge sheet (challan) was filed. The accused was put to trial by the trial court vide its order dated 27.06.2008 for commission of offences punishable under Section 302, 449 RPC and 7/27 Arms Act.
9. Prosecution in support of its case has produced 18 witnesses which include PW-14 Dr. Anirudh Singh who on examination and after conducting post-mortem recorded as to what was the injury on the person of the dead body, i.e.
“A single stab wound about 15 cm below the right anterior superior iliac spine, obliquely placed on the anterior aspect of right thigh. The size of the wound was 3 cm long, 11/2 cm wide at the center of the wound and 4 cm deep, dissected oblique and upwards towards right groin injuring right femoral artery. Margins of the wound were clean cut, edges were parallel and curved to each other and elliptical in shape. Dark coloured blood was coming out of the wound.”
10. The doctor has stated that the stab wound lead to the injury of the right femoral artery (vital) leading to the massive hemorrhage resulting into shock and death. The weapon of offence “Khokhri” was shown to him by the
