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PUNJAB & HARYANA HIGH COURT
V.K.Bali and P.K.Jain JJ.
Chuni Lal
Versus
State Of Punjab
Criminal Appeal No. 479 of 1995,
Decided On : AUGUST 19, 1997
CRIMINAL APPEAL - MURDER - SECTION 302, 304, 34, I.P.C. - COMMON INTENTION - SUDDEN FIGHT - EXCEPTION 4 TO SECTION 300, I.P.C. - INTERPRETATION AND APPLICATION - CONVICTION ALTERED FROM SECTION 302 TO 304 (PART I), I.P.C.
Fact of the Case:
A sudden altercation between neighbors over noise led to a physical fight, resulting in the death of one individual. The deceased's father, Jagdish Rai, reported the incident, and the police arrested three appellants: Chuni Lal, Sunil Kumar alias Kalia, and Hans Raj. The trial court convicted Chuni Lal under Section 302, I.P.C., and Sunil Kumar and Hans Raj under Sections 302/34, I.P.C.
Finding of the Court:
The High Court found that there was no common intention among the appellants to commit murder. The altercation was sudden and occurred without premeditation. Chuni Lal inflicted a single dang blow on the deceased's head in the heat of the moment, resulting in his death. The court held that Exception 4 to Section 300, I.P.C., applied, reducing the offense from murder to culpable homicide.
Issues: 1. Whether there was common intention among the appellants to commit murder. 2. Whether Exception 4 to Section 300, I.P.C., applied in this case.
Ratio Decidendi: 1. The court held that there was no common intention among the appellants to commit murder. The altercation was sudden and occurred without premeditation. Chuni Lal inflicted a single dang blow on the deceased's head in the heat of the moment, resulting in his death. 2. The court held that Exception 4 to Section 300, I.P.C., applied in this case. The incident occurred upon a sudden quarrel without any pre-meditation on a petty matter. Only one dang blow was given by the appellant Chuni Lal upon the head of Raj Kumar. There is no evidence to show that this appellant took undue advantage or acted in a cruel or unusual manner.
Final Decision: The High Court partly allowed the appeal. The appellants Sunil Kumar and Hans Raj were acquitted of the charges under Sections 302, 34, I.P.C. The conviction of Chuni Lal appellant was altered from one under Section 302, I.P.C. to that under Section 304 (Part I) I. P.C. He was sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 10000/- and in default of payment of fine to further undergo rigorous imprisonment for 2 years.
P.K.JAIN, J.
1. This appeal is directed against the judgment/order dated September 19, 1995, passed by the Sessions Judge, Ferozepur, whereby Chuni Lal appellant has been convicted under Section 302, I.P.C., and sentenced to undergo imprisonment for life and to pay a fine of Rs. 400/-, or in default of payment of fine to undergo further rigorous imprisonment for five months, whereas the remaining appellants-Sunil Kumar alias Kalia and Hans Raj have been convicted u/Ss. 302/34, I.P.C. and each of the two has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 400/- or in default of payment of fine to undergo further imprisonment for five months.
2. The facts necessary for the disposal of this appeal are that Jagdish Rai, the complainant, and his family members are labourers by profession. Raj Kumar alias Raj (deceased), aged about 22 years, was his eldest son. The marriage of Raj Kumar was scheduled to take place a month after the day of occurrence. On 28-7-1993 at about 9.00 p.m. Jagdish Rai was advising his family members to work hard since only one month was left for the marriage of Raju. His wife Kanta raised an objection with a loud voice that he was criticising even those persons who were already working. An altercation took place between Jagdish Rai and his wife Kanta. On hearing their noise, their neighbourer Hans Raj appellant came in a drunken condition in front of the door of their house and started abusing them while remarking as to why they were making noise. Jagdish Rai told him that it was their family affair but the said appellant did not desist from hurling abuses being under the inflence of liquor. Upon it, the altercation between them took a serious turn. Smt. Kanta and Smt. Bhagwanti (mother of Jagdish Rai) came out of the house. Hans Raj appellant exhorted his brothers Chuni Lal and Sunil Kumar alias Kalia, who came there duly armed with dangs. In the first instance, the three appellants are alleged to have given fist blow to Jagdish Rai. In the meanwhile, on hearing the noise Raj Kumar came outside while running. Sunil Kumar alias Kalia and Hans Raj appellants caught hold of Raj Kumar by his hands and Chuni Lal appellant gave a dang blow on the head of Raju, as a result of which he fell down and became unconscious. An alarm was raised "NA MARO NA MARO". All the appellants gave fist blows to Jagdish Rai, his mother Bhagwanti and his wife Kanta and then ran away from the spot.
3. Jagdish Rai removed his injured son Raju to Civil Hospital, Abohar, and got him admitted there at 11.10 p.m. Dr. Prithvi Raj (PW 1) examined Raju and prepared his medico-legal report (Ext. PA). He sent a ruqa (Exhibit PB) along with the copy of the medico-legal report to Police Station City, Abohar. On receipt of the said information and documents, ASR Hardial Singh (PW 5) reached the hospital and moved application (Exhibit PC) on which Dr. Prithvi Raj (PW 1) declared Raj Kumar alias Raju to be unfit to make statement vide his endorsement-Exhibit PC/1. Consequently, statement (Exhibit PH) made by Jagdish Rai was recorded by ASI Hardial Singh in the hospital itself, who made his endorsement (Exhibit PH/1) thereunder and sent the ruqa at 1.05 a.m. to Police Station City, Abohar, wherepon formal first information report (Exhibit PH/2) of this case was recorded at 1.15 a.m. under Sections 308/34, IPC.
4. On 29-7-1993 at 7.10 a.m., Dharm Chand came to the Police Station and informed that the injured Raj Kumar alias Raj who was admitted in the Civil Hospital, Abohar, had been referred to the Civil Hospital, Ludhiana, and they were taking Raju to the Civil Hospital, Ludhiana, but at about 5.00 a.m. when they reached near Muktsar Raj Kumar alias Raju breathed his last on the way. They brought him back to Civil Hospital, Abohar. On this information, Daily Diary No. 34 (Ext. PH/3) was recorded and the offence under S. 304, IPC, was added.
5. Special report of the case was sent to the Judicial Magistrate, Abohar, w
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