Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajiv Sharma, Harinder Singh Sidhu, JJ.
Naresh And Others - Appellants
Vs.
State of Haryana - Respondent
CRA-D No. 201-DB of 2003 (O&M)
Decided On : 29-05-2019
IPC - Offence of Sections 148, 302 read with Section 149 - Summary of Acts and Sections: Sections 148, 302, 304 Part-I, 313, 149, and 304 Part-II of the Indian Penal Code were referenced and discussed by the court. The court analyzed the injuries, motive, and intent of the accused under these sections, ultimately leading to the decision to convert the conviction from Section 302 IPC to Section 304 Part-I IPC.
Fact of the Case:
The prosecution alleged that the appellants were involved in an altercation resulting in the death of the deceased. The deceased and the accused were students of the same school, and the injuries were caused by danda blows. The court found that the injuries were fatal and converted the conviction from Section 302 IPC to Section 304 Part-I IPC.
Finding of the Court:
The court found that the injuries caused to the deceased were fatal and resulted from a personal vendetta, leading to the decision to convert the conviction from Section 302 IPC to Section 304 Part-I IPC.
Issues: The issues revolved around the nature of the injuries, the motive attributed to the accused, and the appropriate section of the Indian Penal Code under which the conviction should fall.
Ratio Decidendi: The court's decision to convert the conviction from Section 302 IPC to Section 304 Part-I IPC was based on the intent of the accused to cause death by repeatedly hitting the deceased with dandas.
Final Decision: The appeal was partly allowed, and the conviction of both appellants was converted from Section 302 IPC to Section 304 Part-I IPC. The appellants were directed to be present in court for the hearing on the quantum of sentence.
JUDGMENT :
Rajiv Sharma, J.
The present appeal is instituted against judgment dated 13.2.2003 and order dated 14.2.2003, rendered by Sessions Judge, Faridabad, in Sessions Trial No. 7 of 13.3.2002. Appellants Naresh and Surender were charged with and tried for the offence punishable under Sections 148, 302 read with Section 149 IPC. They were convicted and sentenced under Section 148 IPC to undergo one year rigorous imprisonment and to pay fine of Rs. 250/- each and in default of payment of fine, to further undergo one month rigorous imprisonment. They were also convicted and sentenced under Section 302 read with Section 149 IPC to undergo life imprisonment and to pay fine of Rs. 500/- each and in default of payment of fine, to further undergo rigorous imprisonment for two months. Both the sentences were ordered to run concurrently.
2. The case of the prosecution in a nutshell is that on 21.10.2001, on receipt of V. T. message from Police Station, Kotwali that Ajay Sharma had received injuries in accident and was admitted in Escorts Medical Centre, Faridabad, ASI Jagat Singh reached there. He recorded the statement, Ex. PC/1 of Mukesh Kumar. According to him, he was a student of 10+2 standard in Modern Vidya Mandir, Baghola. Ajay Sharma was his class fellow. He and Ajay Sharma had gone from village Devli to attend Dasothan ceremony at the house of their friend Jitender alias Jeetan at village Chhaprola on scooter. After staying there for about 45 minutes, they were coming back to village Devli. Ajay Sharma was driving the scooter while he was pillion rider. When they reached the out-skirt of village Prithla, at about 1.00 O'Clock, they saw a motor-cycle standing by the side of the road with two boys on its side. One of them was Kuldip resident of Prithla, who was a student of 10th standard in their school, whereas he did not know the name of other person. Kuldip was having a danda. Kuldip signaled towards the side of road. Accordingly, three more boys armed with danda in their hands also came and started beating Ajay Sharma with dandas. Due to the injuries, scooter got out of control. They fell down on the road. Immediately complainant got up and saw that Ajay Sharma was bleeding from his head and mouth. He became unconscious. The accused ran away from the spot. Ajay Sharma was taken to Diamond Hospital, Palwal, from where he was referred to Escorts Medical Centre, Faridabad. The injuries were caused to Ajay Sharma due to an altercation took place between Ajay Sharma and Kuldeep Singh about two months prior to the occurrence. Investigation was completed and challan was put up after completion of all the codal formalities.
3. The prosecution examined a number of witnesses in support of the case. The statements of the accused were also recorded under Section 313 Cr.P.C. They denied the case of the prosecution. The accused were convicted and sentenced, as noticed above. Hence, the present appeal.
4. Learned counsel appearing on behalf of the appellants vehemently argued that the prosecution has failed to prove its case. Learned counsel appearing for the State vehemently argued that the prosecution has proved its case beyond reasonable doubt and supported the judgment and order of the learned Court below.
5. We have heard learned counsel for the parties and gone through the judgment and record very carefully.
6. PW 1 Dr. P.S. Parihar conducted the post-mortem examination. He had noticed the following injuries on the body of deceased Ajay Sharma:
2. Red bruise 10 cm x 3 cm over right frontal region of head.
3. Lacerated wound 7 cm x 2 cm over right fronto-parietal region of head.
4. Depressed wound 8 cm x 5 cm over left parietal region of head.
(On dissection of scalp haematoma involving whole of scalp was present. On further dissection of head fractures of left frontal, left parietal, right frontal and right parietal bone were present. Brai
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
