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PUNJAB & HARYANA HIGH COURT
H.S.Bedi and A.S.Garg JJ.
Rikhi Ram
Versus
U.T.Chandigarh
Criminal Appeal No. 385-DB of 1996,
Decided On : OCTOBER 31, 2000
Criminal Law - Assault - Indian Penal Code, Section 302, Section 149, Section 323, Section 456 - The court discussed the applicability of various sections of the Indian Penal Code including Section 302, Section 149, Section 323, and Section 456 in the context of a violent altercation resulting in the death of an individual. The court analyzed the evidence and the nature of the altercation to determine the appropriate charges and convictions for the accused.
Fact of the Case:
The case involved a violent altercation resulting in the death of an individual. The accused were charged under various sections of the Indian Penal Code including Section 302, Section 149, Section 323, and Section 456.
Finding of the Court:
The court found that while the accused were involved in a violent altercation, there was no evidence to support the charge under Section 302, Section 149, and Section 456 of the Indian Penal Code. The court acquitted the accused of these charges but maintained the conviction under Section 323 and Section 456 for some of the accused.
Issues: The main issue was the applicability of different sections of the Indian Penal Code in the context of a violent altercation resulting in death.
Ratio Decidendi: The court determined that there was no evidence to support the more serious charges under Section 302, Section 149, and Section 456 of the Indian Penal Code. The court also found that the altercation was a case of free fight and acquitted the accused of certain charges while maintaining the conviction under other sections for some of the accused.
Final Decision: The court acquitted the accused of charges under Section 302, Section 149, and Section 456 of the Indian Penal Code but maintained the conviction under Section 323 and Section 456 for some of the accused.
A.S.Garg, J.
1. On 31.12.1994 there was a minor quarrel between the parties to this criminal litigation which related to a D.D.R. entry Ex.PE and which was entered into a compromise the same day. Still on 1.1.1995, i.e. the next day of the previsous occurrence, around 1.30 P.M. Bhim Singh PW.5 came to his sisters house i.e. House No. 1167, Phase-I Ram Darbar Colony, where the deceased Gurdev and Dalbagh PW.8 were also present. They were sitting on a cot in a park in front of the said house and were basking in the sun as it was extremely winter season. Panjab Singh appellant-accused claimed himself to be a C.B.I. official and had created an impression that he was God father in the area. Panjab Singh remarked something derogatory to the Haryana women folk and, therefore, there was an altercation between the two sides. On hearing the alarm Rikhi Ram, Kuldeep Singh alias Sukka, Rajinder Kumar alias Billa, his friends Ranbir Singh. Pala Ram and Rajinder appellants also came to the spot. Panjab Singh took out a Lathi and inflicted a blow with the same on the head of Bhim Singh, Rikhi Ram caught hold of Bhim Singh and gave him fist blows and slaps. Dilbagh PW.8 and Rajinder sons of Bhim Singh and Gurdev Singh their relative came to the rescue of Bhim Singh. Ranbir Singh gave lathi blows on the head of Dilbagh and Rajinder alias Billa gave fist blows to Rajinder. Rajinder Kumar caught hold of Bhim Singh and Pala Ram accused caught hold of Gurdev Singh from his arms. It was at that time that Kuldeep Singh alias Sukka inflicted an iron Chapat (a cutting weapon) on the head of Gurdev Singh. As a result of which he fell down on the ground and become unconscious. Gurdev Singh was removed to PGI Chandigarh, where he was medico-legally examined vide M.L.R. report Ex. P.M. On receipt of telephonic message, SI Rajinder Singh PW.12 went to the spot where he was told that the injured had been removed to P.G.I. He went to P.G.I. There he moved an application Ex. PN for obtaining the opinion of the doctor regarding the fitness of Gurdev Singh to make a statement. Vide opinion Ex.PN/1 he was declared unfit to make a statement. The Investigating Officer also met Bhim Singh and recorded his statement Ex.PE. After making his endorsement Ex.PE/1 he sent the same to the Police Station for registration of a case and on its basis formal F.I.R. Ex.PE/2 was recorded at 4.30 P.M. on 1.1.1995. The special report reached the Ilaqa Magistrate at 10.15 A.M. on 2.1.1995. He took into possession the blood stained shirt of Gurdev Singh Ex.P9 vide memo Ex.PO. He threafter went to the spot and prepared rough site plan Ex.PR of the scene of occurrence. He also lifted blood stained earth and a blood-stained shawl from the scene of occurrence vide memo Ex.PG. The Investigating Officer found Bhim Singh PW.3 and Dilbagh PW.8 to have received injuries and they were sent to General Hospital for medico-legal examination. He arrested Panjab Singh, Rikhi Ram, Ranbir Singh, Kuldip Singh and Rajinder alias Billa accused on 2.1.1995. Gurdev Singh succumbed to the injuries on 3.1.1995 at P.G.I. The investigation was taken over by Inspector Moti Ram PW.13. He converted the offence under Section 307 of the Indian Penal Code into offence under Section 302 of the Indian Penal Code. He went to P.G.I. and prepared the inquest report Ex.PD and sent the dead body for post mortem. The appellants were tried under Sections 148, 302/149, 323/149 and 456 of the Indian Penal Code.
2. On 4.1.1995, Dr. Inderjit Singh Bhatia, conducted autopsy on the dead body of Gurdev deceased and found the following injuries :
(1) An incised wound in the centre of the head slightly towards left and in the frontal region. The wound is 5 cm long and stitched with three stitches. On disSection of scalp. 20 x 30 cms clotted blood on the top and centre of the skull extending towards left and frontal. Underlying skull in left frontal region is fractured. On disSection of skull the membranes are congested and
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