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IN THE HIGH COURT OF ALLAHABAD
B. K. SHARMA
RAJ KARAN SINGH - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
CRIMINAL APPEAL 2860 Of 1981
Decided On : 07/07/1999
CRIMINAL APPEAL - SECTION 304-A, IPC - NEGLIGENT HOMICIDE - CONVICTION UPHELD: In a case involving the death of a police constable due to a gunshot fired from a musket issued to the accused-appellant, the court upheld the conviction under Section 304-A, IPC, for negligent homicide.
Fact of the Case:
The accused-appellant, a police constable, was on sentry duty at a police station when he fired a shot from a musket, resulting in the death of another constable and injuries to two others. The accused claimed that the incident was accidental, but the court found that he had been negligent in handling the weapon.
Finding of the Court:
The court found that the accused-appellant had loaded the musket and kept the safety catch in the forward position, which allowed the gun to fire even if the trigger was accidentally pressed. This act or omission was considered to be an illegal omission under Section 32 of the IPC, and the court held that the accused-appellant was guilty of negligent homicide under Section 304-A, IPC.
Issues: 1. Whether the accused-appellant's act or omission constituted an offence under Section 304-A, IPC. 2. Whether the accused-appellant was prejudiced by being convicted under Section 304-A, IPC, while being tried for offences under Sections 302 and 307, IPC. 3. Whether the accused-appellant's plea of accident under Section 80, IPC, was valid.
Ratio Decidendi: 1. The court held that the accused-appellant's act of loading the musket and keeping the safety catch in the forward position amounted to an illegal omission under Section 32 of the IPC, which made him liable for punishment. 2. The court rejected the argument that the accused-appellant was prejudiced by being convicted under Section 304-A, IPC, while being tried for offences under Sections 302 and 307, IPC, noting that the facts of the case supported a conviction under Section 304-A, IPC. 3. The court held that the accused-appellant's plea of accident under Section 80, IPC, was not valid as he had failed to show that he had taken proper care and caution in handling the weapon.
Final Decision: The court dismissed the appeal and upheld the conviction and sentence of the accused-appellant under Section 304-A, IPC.
( 1 ) THIS is an appeal against the judgment and order dated 23-11-1981 passed by Sri B. D. Agarwal, the then Sessions Judge, Kanpur in S. T. No. 202 (M) of 1981, State v. Raj Karan Singh, whereby he convicted the accused-appellant of the offence under Section 304-A, IPC and sentenced him to undergo R. I. for a period of one and half year.
( 2 ) THE prosecution story was that the accused-appellant Raj Kiran Singh, constable Arun Kumar deceased, constables Narendra Kumar injured and Mohd. Ahmad injured were posted in the police station, Collectorganj, Kanpur, that Constable Narendra Kumar injured was Police Mess Clerk in the days of occurrence, that sugar pertaining to the quota of March, 1981 was given to one Constable Raj Karan Singh Yadav due to 13th days ceremony consequent upon the death of his father, that on 10/03/1981 in the morning the accused appellant constable Raj Karan Singh was on Sentry duty at the police station, that Musket No. 58888 had been issued to him besides the cartridges of bore 410, that at 6. 30 A. M. , he inquired from constable Narendra Kumar injured about the sugar for the month of March 1981, that constable Narendra Kumar injured told him that the same had been given to Raj Karan Yadav and that if he would have extreme necessity sugar for the succeeding month will be issued to him, that constable Arun Kumar deceased also came there and there was verbal altercation between him and the accused appellant, that the accused-appellant shot at him with the musket above mentioned, that constable Arun Kumar deceased fell injured to the ground, that constable Harendra Kumar P. W. 1 and constable Mohammad Ahmad P. W. 2, who were standing closeby received injuries due to impact of gun powder, that P. W. 3 Ram Prakash Tewari, inspector incharge rushed to the scene, that the accused appellant was caught hold of, that the musket and nine live cartridges were seized from him, that the used up cartridge was left inside the musket, that constable Narendra Kumar P. W. 1 lodged first information report at the same police station at 6. 45 A. M. , that on it a case was registered under Section 307, IPC, that the injured persons were taken to the U. H. M. Hospital by the police jeep escorted by Sub-Inspector Debi Dayal P. W. 2, that they were examined at that place by the doctor between 7. 10 to 7. 35 A. M. , that Arun Kumar deceased breathed his last shortly afterwards, that the memo relating to his death was received at the Thana at 9. 20 A. M. that thereupon the case was converted to that of murder under Section 302, IPC, that the inquest was made over the dead body at the hospital followed by autopsy.
( 3 ) CHARGE-SHEET was submitted against the accused-appellant and he was committed to the Court of Sessions. 3-A. The medical examination of Narendra Kumar Constable injured revealed multiple gun shot wound 1/8" x 1/8" all over the front of the chest and abdomen with charring of the inverted margins without blackening of the margins and skin in an area 4" x 31/2". The injuries were fresh and simple caused by fire arm.
( 4 ) MOHD. Ahmad injured was medically examined on 10-3-1981 at 7. 35 A. M. The doctor found multiple gun shot wounds of 1/8" in diameter on whole of the front and outer side of the left upper arm, left forearm, left front chest, neck and face. There was charring of the margins but no blackening of the skin. The injuries were fresh caused by fire arm. Post Mortem of Arun Kumar deceased revealed the following ante mortem injuries : (1) Gun shot wound 2 cm x 1/2 cm x cavity deep on the upper part of left Arm, 4 cm below the left shoulder. (2) Multiple abrasions in an area of 17 cm x 8 cm on the upper part of left chest and front of lower part of neck. (3) Abraded contusion 1. 5 cm x 1 cm on the outer part of left arm, 8 cm below the left shoulder. Thorasic 4th Vertebra was found fractured and pieces of pallet were embodied in it, 4th inter-costal space was lacerated, left upper part of pl
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