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PUNJAB & HARYANA HIGH COURT
V.K.Bali and K.S.Kumaran JJ.
Jaspal
Versus
State Of Punjab
Criminal Appeal No. 305 of 1994,
Decided On : JULY 5, 1996
CRIMINAL APPEAL - SECTION 302, 304 PART I, INDIAN PENAL CODE - MURDER - CULPABLE HOMICIDE NOT AMOUNTING TO MURDER - EVIDENCE - APPRECIATION - MOTIVE - ALTERCATION - HEAT OF PASSION - SENTENCE - MODIFICATION.
Fact of the Case:
Appellant Jaspal was convicted of murder under Section 302 of the Indian Penal Code for shooting and killing Romesh Chander, a fellow Home Guard, while on sentry duty. The prosecution alleged that Jaspal had an altercation with Romesh Chander earlier that evening and again just before the shooting. Jaspal denied the allegations and claimed he was falsely implicated by Dalbir Kumar, another Home Guard, due to a dispute over furlough payments.
Finding of the Court:
The court found that the prosecution had established beyond reasonable doubt that Jaspal was responsible for Romesh Chander's death. The court noted that there was evidence of a motive, as Jaspal and Romesh Chander had quarreled earlier that evening and again just before the shooting. The court also found that the evidence of Dalbir Kumar and Gurmit Singh, another Home Guard present at the time of the incident, was credible and reliable, even though they did not explicitly state that they saw Jaspal shoot Romesh Chander.
Issues: 1. Whether the prosecution had established beyond reasonable doubt that Jaspal was responsible for Romesh Chander's death. 2. Whether the accused acted in the heat of passion and committed the offence of culpable homicide not amounting to murder.
Ratio Decidendi: 1. The court held that the prosecution had established beyond reasonable doubt that Jaspal was responsible for Romesh Chander's death. The court noted that there was evidence of a motive, as Jaspal and Romesh Chander had quarreled earlier that evening and again just before the shooting. The court also found that the evidence of Dalbir Kumar and Gurmit Singh was credible and reliable, even though they did not explicitly state that they saw Jaspal shoot Romesh Chander. 2. The court held that the accused acted in the heat of passion and committed the offence of culpable homicide not amounting to murder. The court noted that there had been an altercation between the accused and the deceased immediately before the occurrence and that the accused had shot only once, which resulted in the death of Romesh Chander.
Final Decision: The court allowed the appeal in part, modifying the conviction from murder under Section 302 to culpable homicide not amounting to murder under Section 304 Part I of the Indian Penal Code. The court also reduced the sentence from life imprisonment to ten years of rigorous imprisonment and a fine of Rs. 2,000.
K.S.KUMARAN, J.
1. Appellant Jaspal who faced trial before the Addl. Sessions Judge Jalandhar in Sessions Case No. 30 of 1993 under Section 302, Indian Penal Code, was accordingly convicted and sentenced to undergo rigorous imprisonment for life, to pay a fine of Rs. 1,000/- and in default to further undergo rigorous imprisonment for three years. The appellant has come forward in appeal.
2. The case of the prosecution is that Dalbir Kumar (P.W. 1), the complainant, was in charge of the guard of treasury and Malkhana in the premises of Old Courts Jalandar. During the night intervening 5th and 6th October 1992, Romesh Chander (deceased) was on sentry duty of the Malkhana from 9.00 p.m. to 12 midnight while, the appellant/accused Jaspal was on sentry duty of the treasury. During the preceding evening, accused Jaspal and Romesh Chander (deceased) had an altercation which was pacified by complainant Dalbir Kumar and Gurmit Singh. Gurmit Singh and the complainant Dalbir Kumar were sleeping out side in the courtyard near the Guard Room. At about 11.00 p.m. complainant Dalbir Kumar heard the accused Jaspal abusing Romesh Chander (deceased). Dalbir Kumar and Gurmit Singh got up and saw Jaspal shooting Romesh Chander, who was sitting on a chair, with his 303 bore rifle which hit on the abdomen of Romesh Chander. After throwing the rifle and the cartridges, accused Jaspal ran away from the spot. Gurmit Singh and Dalbir Kumar took Romesh Chander to the Civil Hospital, but, on the way he died near Jyoti Chowk.
3. Dr. D. S. Bimbra (P.W. 9), Senior Medical Officer, Civil Hospital, Jalandhar, who performed the autopsy on Romesh Chander on 6-10-1992 at about 12.30 p.m. found the following injuries on his body :-
(1) Lacerated wound measuring 2 1/2 cm. x 2 cm. on the back of middle of the abdomen about 1 1/2" left lateral to midline. 2. Lacerated wound of 3 cm. x 2 cm. on anterior aspect of the abdomen, umbilical area. Omentum was protruding out. On further disSection and exploration, abdominal cavity was full of clotted blood. Greatvessels of abdomen were lacerated. Correspondent fascia and muscles to the injuries were lacerated and injuries 1 and 2 were communicating with each other."He opined that death was due to shock and hemorrhage as a result of injuries mentioned above which, according to him, were ante mortem in nature and were sufficient to cause death in the ordinary course of nature. According to the doctor, the death must have occurred within a few minutes after sustaining the injury and within 24 hours prior to the post mortem. Ex. PJ is the copy of the post mortem report.
4 Dalbir Kumar (P.W. 1) and Gurmit Singh (P.W. 2) were examined to speak about the occurrence.
5. Sub Inspector Lakhbir Singh, formerly of Police Station Division 4, Jalandhar (P.W. 10) deposed that on 5-10-1992 he along with Head Constable Jasbir Singh and others was doing patrolling and checking duty and was present in Jyoti Chowk in Jalandhar at 11.20 p.m. when Dalbir Kumar (complainant) met him, and that there was a dead body in a three-wheeler which was being taken to the Civil Hospital. Lakhbir Singh - P.W. 10 further deposed that Dalbir Singh informed him that Romesh Chander, a Home Guard, is dead, and that the statement of Dalbir Kumar was recorded by him. Lakhbir Singh also stated that his statement was sent to the police station on the basis of which a formal FIR was registered. Lakhbir Singh stated that he along with Dalbir Kumar and other police officials visited the place of occurrence, prepared the rough site plan of the place of occurrence (Ex. PK) and took into possession the rifle (Ex. P1), an empty cartridge and a buldozier containing 29 cartridges under Memo (Ex. PB) attested by Dalbir Kumar and Constable-Bhar Singh. He also stated about taking into possession the bloodstained earth under Memo Ex. PC. He also deposed about holding the inquest, making the request for post mortem examination, and taking into possession the record of empl
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