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1987 Supreme(All) 589
IN THE HIGH COURT OF ALLAHABAD
B. N. Katju, V. P. Mathur
OM PRAKASH - Appellant
Versus
STATE - Respondents
Criminal Appeal 34 Of 1980
Decided On : 12/22/1987
R.P.GOEL
In cases involving assault resulting in death, the court must consider whether the exception to Section 300 IPC, which provides for grave and sudden provocation, is applicable. If the possibility of grave and sudden provocation cannot be excluded, the accused may be guilty of culpable homicide not amounting to murder under Section 304 Part I IPC, rather than murder under Section 302 IPC.
Headnote:
CRIMINAL APPEAL - SECTION 302, 304 PART I, INDIAN PENAL CODE - FACTUAL MATRIX INVOLVING ASSAULT RESULTING IN DEATH - ANALYSIS OF EVIDENCE AND APPLICATION OF EXCEPTIONS TO SECTION 300 IPC - DETERMINATION OF GUILT UNDER SECTION 302 OR 304 PART I IPC.
Fact of the Case:
The appellant, Om Prakash, was convicted under Section 302 of the Indian Penal Code (IPC) for the murder of his wife, Smt. Mama Wati. The prosecution alleged that the appellant assaulted his wife with an axe, causing her death. The appellant denied the charges and claimed he was falsely implicated due to enmity with Dr. V. K. Kaushik, a prosecution witness.
Finding of the Court:
The court found that the prosecution had established the guilt of the appellant beyond a reasonable doubt. The court relied on the testimonies of three eyewitnesses, Jai Pal Singh, Santa Singh, and Dr. V. K. Kaushik, who witnessed the appellant assaulting the deceased with an axe. The court also considered the medical evidence, which confirmed that the injuries sustained by the deceased were sufficient to cause death.
Issues: 1. Whether the appellant was guilty of murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 Part I IPC. 2. Whether the exception to Section 300 IPC, which provides for grave and sudden provocation, was applicable in this case.
Ratio Decidendi: The court held that the appellant was guilty of culpable homicide not amounting to murder under Section 304 Part I IPC, rather than murder under Section 302 IPC. The court found that the possibility of the deceased having provoked the appellant with grave and sudden provocation could not be excluded. The court considered the evidence that an exchange of abuses was taking place between the appellant and the deceased before the assault, and that the deceased may have used very filthy language, which could have deprived the appellant of his power of self-control.
Final Decision: The court allowed the appeal in part. The conviction of the appellant under Section 302 IPC and the sentence of life imprisonment were set aside. Instead, the appellant was convicted under Section 304 Part I IPC and sentenced to ten years rigorous imprisonment.
( 1 ) OM Prakash has filed this appeal against the judgment of Vth Additional Sessions Judge, Saharanpur dated 15/9/1979 passed in S. T. No. 186 of 1969, convicting him under Section 302, I. P. C. and sentencing him to life imprisonment.
( 2 ) THE case of the prosecution is that the appellant assaulted his wife Smt. Mama Wati deceased on 20. 2. 1979 at about 6 a. m. inside his house in village Jagjit Pur with a Kulhari (axe ).
( 3 ) THE appellant was arrested by Dr. V. K. Kaushik P. W. 3 and the other eye-witnesses at the time of the incident and both Smt. Mama Wati deceased and the appellant were taken on a tractor to the G. D. Hospital, Hardwar where the deceased was found dead.
( 4 ) THE first information report was written by Dr. Y. K. Kaushik P. W. 3 at the hospital and he took the appellant with him from the hospital to Police Station, Jawalapur where the first information report was lodged by him at 9. 30 a. m. on the same day (20/2/1979 ).
( 5 ) THE post mortem examination was conducted by Dr. V. K. Chaudhary P. W. 4 on the same day (20/2/1979) at 3 P. M. and the under mentioned ante mortem external injures were found on the body of Smt. Mama Wati deceased :-
1. Lacerated wound 5. 5 cm x 1. 5 cm x brain cavity deep with pieces of bone and brain matter coming out from the wound on right side of head 6 cm above right ear. 2. Lacerated wound 6 0 cm x 1. 0 cm x brain cavity deep on right side of head. 1. 0 cm in front on injury No. 1. 3. Lacerated wound 4. 5 cm x 1. 5 cm x brain, cavity deep. Brain matter coming out from the wound, on right side of head 2. 5 cm in front of injury No. 2. 4. Lacerated wound 3. 5 cm x 2. 0 cm bone deep on right jaw, 0. 5 cm below right ear.
( 6 ) ON internal examination, the right frontal parietal and temporal bones were found to be fractured into pieces. Linear fracture of the left parietal and temporal bones and fracture of ant, cranial fossa and middle cranial fossa were also found.
( 7 ) IN the opinion of Dr. Choudhary, the injuries found on the body of the deceased were sufficient in the ordinary course of nature to cause death.
( 8 ) THE prosecution examined four eyewitnesses, namely, Jai Pal Singh P. W. Sanat Singh P. W. 2, Dr. V. K. Kaushik P. W. 3 and Km. Rukmini P. W. 5.
( 9 ) MAHRAJ Singh I. O. P. W. 6 recovered the blood stained Kulhari Ext. 1 from the house of the appellant.
( 10 ) THE appellant pleaded not guilty and stated that he was implicated falsely due to enmity with Dr. V. K. Kaushik P. W. 3.
( 11 ) THE trial court after considering the evidence on record came to the conclusion that the prosecution had succeeded in establishing the guilt of the appellant and convicted and sentenced him as mentioned earlier.
( 12 ) DR. V. K. Kaushik P. W. 3 deposed that his house is situated close to the house of the appellant. The relation between the appellant and his wife Smt. Mama Wati deceased were strained before the occurrence as Smt. Mama Wati deceased used to earn money by washing utensils in the houses of various persons and the appellant suspected her fidelity. On 20. 2. 1979 at about 6 a. m. while he was at his house he heard noise coming from. the house of the appellant and he went there. In the meantime Jai Pal Singh P. W. 1 and Santa Singh P. W. 2 also came to the house of the appellant, Km. Rukmini P. W. 5 the daughter of the appellant, was also present inside his house at that time. The appellant was abusing the deceased and the deceased was trying to pacify him. The appellant thereafter picked up an axe and gave three or four blows with it to the deceased, as a result of which she received in juries and fell down. The appellant then threw the axe. He, Jai Pal Singh and Santa Singh caught the appellant and took him and the deceased to the G. D. Hospital at Hardwar where she was found to be dead. He then wrote the first information report at the hospital and lodged it at P. S. Jwala Pur at 9. 30 a. m. on the same day (20. 2. 1979 ). It appears
