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1999 Supreme(P&H) 359
PUNJAB AND HARYANA HIGH COURT
R.L. Anand, J.
Jarnail Singh - Appellant
Versus
State of Haryana - Respondent
Crl. Appeal No. 76-SB of 1987.
Decided On : 5 April, 1999
For the Appellant :Mr. R.S. Cheema, Senior Advocate with N.S. Shekhawat, Advocate.
For the Respondent:Mr. J.S. Ahlawat, Advocate.
An individual can be convicted of attempt to commit culpable homicide under Section 308, IPC, even if death does not result from their actions, provided that they had the intention or knowledge that their actions could have caused death.
Headnote:
ATTEMPT TO COMMIT CULPABLE HOMICIDE - SECTION 308, INDIAN PENAL CODE - INTERPRETATION AND APPLICATION - KEY LEGAL PRINCIPLE: The offense of attempt to commit culpable homicide under Section 308, IPC, is established when an individual performs an act with the intention or knowledge that if death resulted from that act, it would constitute culpable homicide not amounting to murder.
Fact of the Case:
The appellant, Jarnail Singh, along with his brothers Nirwaih Singh and Karnail Singh, attacked Malook Singh with deadly weapons, inflicting grievous injuries on his head. The motive behind the attack was a dispute over a common passage between their lands.
Finding of the Court:
The court found that the appellant had the intention or knowledge that his actions could have resulted in the death of Malook Singh, thereby fulfilling the elements of attempt to commit culpable homicide under Section 308, IPC. The court also held that the delay in lodging the FIR was not fatal to the prosecution's case, as it was explained by the injured party.
Issues: 1. Whether the appellant's actions constituted an attempt to commit culpable homicide under Section 308, IPC. 2. Whether the delay in lodging the FIR affected the prosecution's case.
Ratio Decidendi: The court relied on the medical evidence, which showed that the injuries inflicted on Malook Singh were grievous and could have been fatal. The court also considered the motive behind the attack and the fact that the appellant and his brothers were armed with deadly weapons. The court held that these factors, taken together, established the appellant's intention or knowledge that his actions could have resulted in Malook Singh's death.
Final Decision: The court upheld the appellant's conviction under Section 308, IPC, but reduced his sentence from five years to two years, considering the time he had already spent in custody.
R.L. Anand, J. - This is a criminal appeal filed by Jarnail Singh and has been directed against the judgment and order dated 17.1.1987 passed by the court of Additional District and Sessions Judge, Kurukshetra, who convicted the appellant under Section 308, Indian Penal Code and sentenced him to undergo R.I. for a period of 5 years and a fine of Rs. 5,000/-, in default of payment of fine, he was directed to undergo further R.I. for six months. It was further ordered by the learned trial court that the fine, if realised, shall be payable to the injured by way of compensation. Vide the same judgment and order, the learned Addl. Sessions Judge, Kurukshetra also convicted and sentenced the two brothers of the present appellant; namely Nirwaih Singh and Karnail Singh under Section 323, Indian Penal Code. However, the trial court extended the benefit on probation in the sum of Rs. 2,000/- for a period of two years directing him to keep good behaviour during the period of probation and he was also directed to remain under the supervision of the District Probation Officer, Kurukshetra. Karnail Singh was sentenced to three months simple imprisonment under Section 323, Indian Penal Code, which he had already undergone and he was set at liberty.
2. The brief facts of the case are that the agricultural land of Malook Singh, PW-3, was located on one side and that of the accused; namely, Jarnail Singh, Nirwaih Singh and Karnail Singh, on the other side of the Village Malakpur. In between these lands, there was a common dol. In fact, there had been a dispute and the accused persons had been claiming this dol to their exclusive passage and did not allow the complainant party from passing over the dol. As such, there had been some litigation between the parties and the complainant- party was using this dol, which had aggravated the situation in the minds of the accused. This was the motive.
3. The story of the prosecution further proceeds that on 12.1.1986, at about 5 PM, Malook Singh, PW-3, was passing over the dol when the appellant Jarnail Singh abused him by the name of the daughter. Malook Singh asked Jarnail Singh not to abuse like that but Jarnail Singh did not stop and continued hurling the abuses. At that time, Jarnail Singh was, allegedly, armed with a gandassi and his two brothers were carrying lathis. Jarnail Singh opened the score and inflicted a lathi blow which hit on the head of Malook Singh, as a result of which, the injured fell down. He was inflicted two lathi blows by each of the two accused; namely Nirwaih Singh and Karnail Singh. The occurrence was witnessed by Mukhtiar Singh, PW-2, who is son of Malook Singh and happened to be present nearby at a Dera along with Lakhwinder Singh and Moga Singh, who were attracted at the spot and they too also witnessed the occurrence. When Mukhtiar Singh and his two companions, aforesaid, raised an alarm Na maro, na maro, the accused ran away from the place of occurrence along with their respective weapons. After receiving the injuries, Malook Singh had fallen unconscious. Mukhtiar Singh, PW-2, carried his father with the help of others to the Health Centre Ismailabad and, later on, he was taken to PGI, Chandigarh. Malook Singh, injured, remained unconscious in the hospital for a few days.
4. FIR in this case was lodged by Mukhtiar Singh, who made the statement before the police on 14.1.1986, Ex.PE, on the basis of which, formal FIR, Ex. PE/3, was recorded. The investigation was conducted by PW-6 ASI Mange Ram, who visited the place of occurrence and took into possession the blood-stained earth from the fields vide memo Ex. PF. He also took into possession the blood-stained turban of the injured vide memo Ex.PG. He prepared the rough site plan, Ex.PM, of the place of occurrence and recorded the statement of Malook Singh, injured, when he was declared fit to make the statement. Scaled site plan, Ex.PH, was also got prepared from the Revenue Patwari.
5. Dr. S.C. Sikka, Medical Off
