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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURVINDER SINGH GILL, N.S. SHEKHAWAT, JJ.
Mandeep - Appellant
Versus
State of Haryana - Respondent
CRA-D. No. 34-DB of 2012
Decided On : 21-05-2024
Murder - Conviction - IPC Section 302, 304 - The court interpreted the definitions of murder and culpable homicide, concluding that the appellant's actions fell under Section 304 Part II due to lack of premeditation and intention to kill.
Fact of the Case:
The appellant was convicted for the murder of Mohinder Singh, who was stabbed during a scuffle over a mobile phone. The incident occurred after both parties had been drinking together, leading to a sudden altercation.
Finding of the Court:
The court found that the appellant acted in the heat of passion during a sudden quarrel, which did not amount to murder but rather culpable homicide not amounting to murder under Section 304 Part II IPC.
Issues: Whether the appellant's actions constituted murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 IPC.
Ratio Decidendi: The court held that the appellant's actions fell under Exception 4 of Section 300 IPC, as the incident was a sudden fight without premeditation, and the appellant did not act in a cruel or unusual manner.
Result: The appeal is partly allowed; the conviction is upheld, but the sentence is modified to the period already undergone.
JUDGMENT :
Mr. N.S. Shekhawat J.
By way of the present appeal, the appellant has challenged the impugned judgment of conviction dated 12.09.2011 and order of sentence dated 20.09.2011,passed by the Court of Additional Sessions Judge, Karnal, whereby the present appellant has been convicted for the offence punishable under Section 302 of IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs.5000/-, along with default stipulation. In fact, in the present case, three accused namely Sompal, Karam Singh @ Karmu and Mandeep were initially tried by the Trial Court. However, Sompal and Karam Singh @ Karmu were ordered to be acquitted by the Trial Court by extending them the benefit of doubt, whereas, the present appellant was convicted, as indicated above.
2. The prosecution story, as it emanates from the report under Section 173 Cr.P.C, is that the FIR Ex.P-17 in the present case was registered on the basis of the statement made by Mange Ram son of Shankar. As per the complainant, he had three sons namely Rakam Singh, Rajbir and Mohinder Singh. His sons Rakam Singh and Rajbir used to live separately with their families near the Phirni of the village and his son Mohinder, used to live with him in his house. His son was employed as a servant with Sardar Jasbir Singh son of Amar Singh, resident of the same village. His son used to take meal from the house of his employer Sardar Jasbir singh and used to take it at his own house daily. At about 09:00 PM on 25.03.2010, his son had kept his meals at home and started saying that he would come back after watering the plants in the field and would take his meals after that. The complainant also followed him and came to the house of his elder son Rakam Singh. His son Mohinder reached near the electric pole adjoining the field of Randhir Singh. Mandeep son of Karam Singh @ Karmu called his son and asked him to go there. On this, his son replied that he would come after watering the plants. His son came on the kachha road on the advise of Mandeep and thereafter, Mohinder and Mandeep started scuffling with each other. At that time, Karmu and his both sons namely Sompal and Rohtash came their running. His son ran towards the wheat fields after getting himself freed from Mandeep. All of them caught hold of Mohinder and Mandeep stabbed his son in the stomach. He also reached at the place of occurrence to rescue his son. Sompal gave a lathi blow to the complainant, which did not hit him. His grandson Avtar son of Rakam Singh, aged 13 years was also at the place of occurrence. On seeing all the villagers coming towards the place of occurrence, all the assailants fled away from there. His son was crying and saying that he had been stabbed with a knife. The complainant saw that the stabbed wound was deep in the stomach of his son and blood was oozing out in the field of wheat and he along with other villagers shifted his son to his house. On reaching the house, his son Mohinder breathed his last due to the injuries caused by knife. His daughter-in-law Rajo wife of Rakam Singh had also witnessed the whole occurrence. He did not know the cause of grudge and on coming to know about it, he would disclose the same and prayed for taking action against them.
3. The statement of complainant was recorded by Ishwar Chander SI, Police Station, Gharunda at about 01:30 AM on 25.03.2010 and on the basis of the statement, the FIR in the present case was registered by Ram Chander, ASI in Police Station Gharaunda.
4. The police inspected the spot, got the proceedings under Section 174 Cr.P.C conducted and the post mortem on the dead body of Mohinder Singh was conducted by PW-4, Dr. Jyoti Sabharwal and other doctors.
5. During the course of investigation, Sompal, Karam Singh @ Karmu were arrested on 26.03.2010 and on 28.03.2010, Mandeep, appellant was arrested and on his disclosure statement about the present occurrence, a knife was got recovered from his possession.
6. After examining the report under S
The court established that a sudden fight without premeditation can lead to a conviction under Section 304 IPC instead of Section 302 IPC.
The court held that when a death occurs from a single blow in the heat of passion during a sudden quarrel, it may be classified under Section 304 IPC instead of Section 302 IPC.
The court established that the presence of intention to kill, the nature of the weapon used, and the circumstances of the quarrel are critical in determining whether an act constitutes murder or a le....
The court modified the conviction from murder to culpable homicide not amounting to murder, emphasizing the absence of premeditation and the nature of the altercation as a sudden fight.
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