Back
2018 Supreme(P&H) 4813
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Rajiv Sharma, Harinder Singh Sidhu, JJ.
Hoshiar Singh And Others - Appellant
Versus
State Of Haryana And Others - Respondent
CRA - 350-DB of 2003 and CRR - 979, 1567 of 2003
Decided On : 29-11-2018
Vinod Ghai, Senior Advocate with Mr. Simardeep S. Sandhu, Advocate, for the Appellants
The main legal point established in the judgment is that while the right of private defence is recognized, the use of force leading to fatal injuries must be carefully assessed, considering the nature of injuries and the knowledge of the accused.
Headnote:
Private Defence - Criminal Law - IPC 147, 148, 323, 302, 149 - The court discussed the provisions of IPC sections 147, 148, 323, 302, and 149, focusing on the right of private defence and the use of force leading to death. The court's decision was influenced by the interpretation of the nature of injuries, the intention of the accused, and the knowledge of the consequences of their actions.
Fact of the Case:
The case involved a dispute between two families, resulting in a violent altercation where injuries were inflicted, leading to the death of one individual.
Finding of the Court:
The court found that while the appellants had used force in the exercise of their right of private defence, they had exceeded their right by inflicting serious injuries, leading to the death of an individual. The conviction was altered from Section 302 IPC to Section 304 Part II IPC.
Issues: The key issues revolved around the nature of injuries inflicted, the right of private defence, and the intention and knowledge of the accused in causing the injuries.
Ratio Decidendi: The court held that while the appellants had the right of private defence, they had exceeded their right by using force that resulted in fatal injuries. The nature of injuries and the knowledge of the consequences of their actions were crucial in determining the conviction.
Final Decision: The appeal was partly allowed, altering the conviction of the appellants from Section 302 IPC to Section 304 Part II IPC. Their conviction under Sections 148/323 IPC was upheld.
JUDGMENT
Rajiv Sharma, J. - Since common questions of law and facts are involved in the aforesaid appeal and revision petitions, therefore, these are taken up together and disposed of by a common judgment.
2. The appeal (CRA-350-DB-2003) was instituted against the judgment and order dated 07.03.2003 rendered by the Sessions Judge, Narnaul, in Sessions case no.8 of 2000 whereby the appellants were charged with and tried for offences under sections 147, 148, 323, 302 read with Section 149 IPC.
3. Appellants Hoshiar Singh, Data Ram, Jagmal, Parkash Chand, Hira Lal, Satpal and Smt.Santosh were convicted and sentenced for offences under Sections 148, 302, 323 read with Section 149 IPC. They were sentenced to undergo rigorous imprisonment for life for offence punishable under Section 302 IPC. They were also sentenced thereunder to pay fine of Rs. 500/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of one month each. They were also sentenced to undergo rigorous imprisonment for a period of one year for offence punishable under Section 148 IPC and sentenced to undergo rigorous imprisonment for a period of six months for the offence punishable under Section 323 IPC. The sentences awarded to them for offences under Sections 148 and 323 IPC were ordered to run concurrently with life imprisonment.
4. The case of the prosecution in a nutshell is that Satpal son of Jagmal resident of village Nangal Katha entered the house of the complainant under the influence of liquor. On 13.01.2000 at about 8.30 p.m. Satpal came to their grocery shop. He hurled abuses. On 14.01.2000 at about 7.00 a.m. Siri Ram was present in his shop. Hoshiar Singh came to the shop. He gave danda blow on the head of Siri Ram. Siri Ram went to his house. He informed his family members. Thereafter Rajesh, his mother Santra, Vijay along with Siri Ram came to the shop. The complainant opened the cash box. A sum of Rs. 5000/- was missing. The complainant asked the appellants why they had assaulted his father. Thereafter the fight ensued. The family of the complainant including Rajesh, Vijay, Siri Ram, Santra received various injuries. They were taken to hospital. They were examined by Dr.A.K.Mathur (PW-6). He prepared the MLR. Siri Ram died in Pushpanjali Hospital. Hoshiar Singh had already lodged the FIR against the family members of Rajesh and others. The investigation was completed and challan was put up after completing all the codal formalities.
5. Prosecution examined a number of witnesses in support of its case. The statement of appellants were also recorded under Section 313 Cr.P.C., 1973 They have denied the case of the prosecution. The appellants were convicted and sentenced as noticed hereinabove. Hence this appeal. Hence this appeal.
6. CRR-1567-2003 has been filed by Vijay Singh against the judgment dated 07.03.2003 whereby Ami Lal, Smt. Santosh wife of Om Parkash, Smt.Santosh wife of Hira Lal and Smt. Maya Devi were acquitted.
7. CRR-979-2003 has also been filed by Vijay Singh for enhancement of sentences in respect of the appellants and suitable compensation.
8. Learned counsel appearing for the appellants have vehemently argued that the prosecution has failed to prove the case against the appellants. He has vehemently argued that this case is not covered under Section 302 IPC. He also argued that the appellants had a right of private defence since they were attacked by the complainant's family.
9. Learned counsel appearing on behalf of the complainant has argued that the appellants were rightly convicted for offence under Section 302 IPC.
10. Learned counsel appearing on behalf of the State has supported the judgment and order dated 07.03.2003.
11. We have heard learned counsel for the parties and have gone through the judgment and record very carefully.
12. PW-1 Rajesh testified that he belong to village Nangal Katha. The accused also belong to his village. Satpal had barged to their house under the influence of l
