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2025 Supreme(P&H) 322
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
Gurvinder Singh Gill and Jasjit Singh Bedi, JJ.
Kimti Lal And Another – Appellant
Versus
State Of Haryana – Respondent
CRA-D-642-DB-2004 (O&M)
Decided on : 18-01-2025
Advocate Appeared:
For the Appellant :Mr. Vinod Ghai, Senior Advocate, with Mr. Arnav Ghai, Advocate, Mr. Nikhil Saini, Advocate, for Mr. Vikram Singh, Advocate, Mr. Sagar Aggarwal, Advocate
For the Respondent:Mr. R.K.Arya, Additional Advocate General, Haryana
Culpable homicide may be reduced to lesser offenses when death arises from injuries inflicted during a sudden quarrel without premeditation.
Headnote:(A) Indian Penal Code - Sections 302, 304, 307, 34 - Conviction and sentencing of six accused for murder and attempted murder involving a fight that resulted in the death of the deceased due to injuries inflicted with soda water bottles - The court ruled that there was no premeditation, and the injuries resulted in a superadded infection leading to death - The conviction under Section 302 IPC was converted to Section 304 Part I IPC for three main assailants and set aside for three others. (Paras 30-31)
(B) Burden of proof - The prosecution must prove its case beyond reasonable doubt, particularly in matters leading to the conviction of individuals for serious offenses - The role and actions of each accused must be distinctly established. (Paras 8, 26-27)
Facts of the case:
The incident occurred on 18.06.2000 at a hotel when a dispute arose leading to the accused attacking the deceased with soda water bottles; the deceased succumbed to his injuries 12 days later due to an infection. The FIR was lodged by an eye-witness who corroborated the events. (Paras 2-3)
Findings of Court:
The prosecution proved the charge of culpable homicide not amounting to murder against the main assailants while the other accused were acquitted due to lack of direct involvement. (Paras 25-31)
Issues: Whether the accused caused death intentionally, if the deaths resulted from injuries caused immediately, and the classification of culpability related to the actions of the accused in a sudden quarrel. (Paras 17-29)
Ratio Decidendi: The court established that even without direct intention to kill, injuries inflicted resulting in death due to complications from medical treatment fall within the purview of culpable homicide, but actions taken in the heat of the moment without premeditation could reduce culpability from murder to culpable homicide not amounting to murder. (Paras 20-30)
Result: Appeals partly allowed; convictions under Section 302 IPC converted to Section 304 Part I IPC for three main assailants, who were sentenced to 7 years of rigorous imprisonment, while others were acquitted. (Paras 31)
| Table of Content |
|---|
| 1. summary of the case background and charges. (Para 1 , 2 , 3) |
| 2. investigation process and witness testimonies. (Para 4 , 5 , 6) |
| 3. conclusion of trial court's findings. (Para 7 , 8) |
| 4. appellants' arguments against conviction. (Para 9 , 10 , 11) |
| 5. analysis of medical evidence provided. (Para 12 , 13 , 16) |
| 6. clarification of legal interpretations regarding cause of death. (Para 17 , 18 , 19) |
| 7. debate on responsibility for death. (Para 20 , 21) |
| 8. affirmation of findings about main assailants. (Para 22 , 23 , 24) |
| 9. determination of charges based on evidence. (Para 26 , 27 , 28) |
| 10. final judgment regarding convictions. (Para 31) |
JUDGMENT :
Gurvinder Singh Gill, J.
The above mentioned three appeals are being taken up together, having arisen from the same very impugned judgment i.e. judgment dated 12.06.2004 and order dated 15.06.2004 passed by learned Additional Sessions Judge, Karnal vide which the appellants namely Kimti Lal, Ram Parkash, Ram Pal, Jaswant Singh, Dalbir Singh and Sher Singh have been convicted and sentenced as under:
1. Kimti Lal 2. Ram Pal 3. Ram Parkash 4. Sher Singh 5. Jaswant Singh 6. Dalbir Singh | Rigorous imprisonment for a period of two years for the offence punishable under years for the offence punishable under |
1. Kimti Lal 2. Ram Pal 3. Ram Parkash | Rigorous imprisonment for life and a fine of Rs.10,000/- each for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code . In default of payment of fine, they shall further undergo rigorous imprisonment for a period of one year each |
1. Kimti Lal 2. Ram Pal 3. Ram Parkash 4. Sher Singh 5. Jaswant Singh 6. Dalbir Singh | Rigorous imprisonment for a period of four years and a fine of Rs.5000/ each for the offence punishable under Section 307 read with Section 149 of the Indian Penal Code . In default of payment of fine, they shall further undergo rigorous imprisonment for a period of six months each |
1. Jaswant Singh | Rigorous imprisonment for a period of two years for the offence punishable under Section 506 Part II of the Indian Penal Code . |
2. The matter pertains to death of Virender Gaba, alleged to have been murdered by 6 accused namely, Kimti Lal, Ram Parkash, Jaswant Singh, Dalbir Singh, Sher Singh and Ram Pal.
3. The FIR (Ex.PF/2) was lodged at the instance of Sandip Arora, wherein it is alleged that he works at Shifali Hotel and that on 18.06.2000 he along with his brother-in-law Vikas Sahni was present at the hotel where Virender Gaba, who used to supply butter and cheese had also come. At about 10:15 PM, 3 persons namely Raju Tangewala (also referred to as Ram Pal), Hanuman (also referred to as Ram Parkash) and an unknown person, who used to sell fruit and who all were in an inebriated state came to the dining hall. Raju Tangewala took off his shirt to which complainant's brother-in-law Vikas Sahni objected while advising him to sit in a decent manner. Hanuman and Raju Tangewala, however, took offence to the same and a scuffle took place. The aforesaid 3 persons caught hold of Vikas Sahni from his neck and slapped him and went out of the hotel from where they picked up soda water bottles and also bottles of 'Limca' and 'Pepsi', which were lying at a tea shop across the road and started hurling the same towards the complainant and others. The complainant and his companions rushed towards them to stop them from doing so. Raju and Hanuman, however, caught hold of Virender Gaba from his head and gave injuries with soda water bottle on his head, eyes and temporal region and also on the back of his head and on account of the said injuries Virender Gaba fell down. In the meantime, another four persons who had been sitting in a white coloured Tata Sierra vehicle parked outside, came there to help the accused. The three assailants also sat in the vehicle and attempted to run over their vehicle over the complainant and others. One of the said persons, while waving a pistol even threatened to shoot them.
4. The matter was investigated by th
