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1996 Supreme(P&H) 464
PUNJAB & HARYANA HIGH COURT
V.K.Bali and K.S.Kumaran JJ.
Kalu Alias Kalu Ram
Versus
State Of Haryana
Criminal Appeal No. 159-DB of 1993,
Decided On : MARCH 18, 1996
The court clarified the distinction between murder under Section 302 IPC and culpable homicide not amounting to murder under Section 304 Part I IPC, emphasizing the significance of the time gap between the injury and the victim's death, as well as any intervening factors that may have contributed to the death.
Headnote:
CRIMINAL APPEAL - SECTION 302, 304 PART I, 323, 148, 149 IPC - FACT OF THE CASE, FINDING OF THE COURT, ISSUES, RATIO DECIDENDI, FINAL DECISION, MAIN LEGAL POINT, CATEGORY AND SUB-CATEGORY
Fact of the Case:
Appellant Kalu and his co-accused were convicted of murder (Section 302 IPC) and sentenced to life imprisonment for causing the death of Prem Wati and injuring Daya Nand and Hari Parkash. The incident occurred during a dispute between Kalu and his brother Rattan over a manure pit, where Kalu struck Prem Wati with a lathi, leading to her death. The other accused joined later and caused injuries to the victims.
Finding of the Court:
The court found that the prosecution had established the guilt of the accused beyond reasonable doubt. However, it held that the offense committed by Kalu fell under Section 304 Part I (culpable homicide not amounting to murder) instead of Section 302 IPC, as the victim died after 13 days due to complications arising from the injury.
Issues: 1. Whether the co-accused shared the common intention with Kalu to kill the victim, thereby attracting Section 149 IPC? 2. Whether the nature of the offense committed by Kalu amounted to murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 Part I IPC?
Ratio Decidendi: 1. The court held that the co-accused did not share the common intention with Kalu to kill the victim. They were not present at the scene when Kalu struck the fatal blow and were only involved in causing simple injuries to the victims later. Therefore, they could not be convicted under Section 149 IPC. 2. The court found that the injury sustained by the victim was sufficient to cause death in the ordinary course of nature, but the victim's death occurred after 13 days due to complications arising from the injury. Considering the time gap and the intervening factors, the court held that the offense committed by Kalu fell under Section 304 Part I IPC, which deals with culpable homicide not amounting to murder.
Final Decision: The court partly allowed the appeal. Kalu's conviction under Section 302 IPC was converted to Section 304 Part I IPC, and his sentence was reduced to seven years of rigorous imprisonment and a fine of Rs. 2,000. The co-accused were convicted under Sections 323/149 IPC and 148 IPC and sentenced to six months of rigorous imprisonment for each offense, to run concurrently.
V.K.Bali, J.
1. Appellant-Kalu has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and to pay a fine of Rs. 1,000/-, in default whereof, he has been ordered to further undergo RI for one year. His co-accused, appellants Dhir Singh, Mahabir @ Mahabir Singh and Jai Parkash, his sons, and Jai Dayal son of Mir Singh have also been convicted under Section 302 of the Indian Penal Code but with the aid of Section 34 IPC and have been sentenced to undergo life imprisonment. All the appellants have also been convicted under Section 323 read with Section 149 IPC and sentenced to undergo RI for six months as also under Section 148 IPC to undergo RI for one year. All the substantive sentenced have, however, been ordered to run concurrently. The present appeal has been filed by the appellants against the order of conviction and sentence recorded by the learned Addl. Sessions Judge, Sonepat, dated May 4, 1993, convicting them in the manner indicated above.
2. The facts leading to death of Prem Wati wife of Daya Nand and injuries sustained by Daya Nand and Hari Parkash PW6 and PW7 respectively, were brought to the notice of ASI Sham Singh, PW9, who recorded the statement of Daya Nand, PW6 at 12.15 PM on February 10, 1991. His statement was recorded at Civil Hospital, Sonepat, on the basis of which DDR No. 29 came to be recorded in Police Station Rai at 9.05 P.M. The formal FIR was recorded on Feburary 22, 1991 at 8.15 AM on the basis of daily diary report, referred to above, under Section 308 read with Section 34 IPC. Prem Wati died on February 22, 1991 at 3.35 PM in Ram Manohar Lohia Hospital, Delhi, for which reason the offence was converted to Section 302 IPC. Daya Nand stated before ASI Sham Singh that he was resident of village Jakholi and used to go to village Tikri in order to teach there. The day of occurrence being a holiday, he was present at the village. His wife Prem Wati and he were going to meet his brother Daya Nand to the village. At about 12.15 PM when they reached in front of the house of Pt. Narain Dutt, in the public lane, Rattan son of Lajja and Kalu s/o Lajja Ram were quarrelling with each other over a manure pit (KURDI). Kalu Ram said, "You have come to help Rattan. Let me first deal with you." Kalu Ram was holding a lathi in his hand. He gave a lathi blow on the head of his wife Prem Wati. Thereafter, Jai Parkash son of Kalu Ram came there while holding a lathi in his hand. Immediately on reaching there, he gave a lathi blow on his head. He gave another lathi blow on his left wrist. Thereafter, Dhir Singh son of Kalu, Mahabir son of Kalu and Jai Dayal son of Mir Singh came there one after the other while holding lathis. His wife Prem Wati fell on the ground. While she was lying fallen, Jai Parkash gave a lathi blow on her waist. He raised an alarm "Mar Dia, Mar Dia" (Killed, killed). On hearing the alarm, Hari Parkash son of Gopi Ram, who was his cousin, came running. Jai Parkash and Dhir Singh gave lathi blows to him also which landed on his head and hands. Pt. Narain Dutt and Laxmi Narain also reached there and rescued them from the assailants, otherwise they would have caused them more injuries. Thereafter, his brother Daya Nand brought them to the hospital in a three-wheeler and got them admitted.
3. With a view to subtantiate its case, the prosecution examined PW1 Dr. Vijay Gupta, PW2 Dr. H.R. Singal, PW3 Anil Kumar, Draftsman, PW4 Dr. Arun Garg, PW5 Dr. R.N. Tehlan, PW6 Daya Nand, PW7 Hari Parkash, PW8 Puran Lal, PW9 ASI Sham Singh, PW10 ASI Mehar Singh and PW11 Dr. V.K. Gaba. Dr. V.K. Gupta stated that on February 23, 1991 at 10.30 AM he conducted autopsy on the dead body of Prem Wati and found following injuries :-
"1. There was light greenish bluish discoloration of skin in lower lid and adjoining area. In left eye there was sub-conjuctival haemorrhage about half centimeter in diameter.
2. Stitched wound 5 cms in size over the left fronto-parietal r
