Back
ALLAHABAD HIGH COURT
Prafulla C.Pant
PADAM SINGH
Versus
STATE
Decided On : 12 February 2007
Criminal Jail Appeal No. 165 of 2005 Along with Criminal Appeal No. 101 of 2006
Criminal Procedure Code - Conviction under Section 302 IPC - 164 CrPC - 304 Part-II IPC
Fact of the Case:
The appellant was convicted under Section 302 IPC for causing the death of the deceased during a quarrel. The post mortem report and witness statements established the events leading to the death.
Finding of the Court:
The court found the appellant guilty of causing the death but considered the circumstances and the statement recorded under Section 164 CrPC. The court concluded that the appellant's actions fell under Exception 4 to Section 300 IPC and should be convicted under Section 304 Part-II IPC instead of Section 302 IPC.
Issues: The main issue was whether the appellant's actions constituted murder under Section 302 IPC or fell under Exception 4 to Section 300 IPC.
Ratio Decidendi: The court considered the voluntary statement recorded under Section 164 CrPC and the circumstances leading to the death. It concluded that the appellant's actions did not amount to murder under Section 302 IPC but fell under Exception 4 to Section 300 IPC.
Final Decision: The court partly allowed the appeals, convicting the appellant under Section 304 Part-II IPC instead of Section 302 IPC and sentencing him to rigorous imprisonment for six years.
These two appeals, preferred under Section 374 of Code of Criminal Procedure, 1973 (herein-after for brevity referred as Cr. P. C.), are directed against the judgment and order dated 21-11-1985, passed in Sessions Trial No. 09 of 1985, whereby the then learned Sessions Judge, Pithoragarh, has convicted appellant Padam Singh under Section 302 of Indian Penal Code, 1860 (herein after referred as I. P. C.) and sentenced him to imprisonment for life.
2. Prosecution story, in brief, is that on receiving information on 12-06-1985 from P. W. 1 Sher Ram that a dead body was lying between villages Deval and Bagicha, the police party consisting of Sub-Inspector Man Singh along with Con stables Kailash Chandra, Mahipal Singh, Posi Ram of police station Dharchula, pro ceeded towards the place where the dead body was lying. The dead body was iden tified as that of one Trilok Singh. On in spection, police party found that deceased has suffered ante mortem injuries, as such, it suspected the commission of murder of Trilok Singh. The police party prepared the inquest report (Ext. A-10) and also other necessary papers like sketch of the dead body (Ext. A-ll), police form No. 13 (Ext. A-12) for sending the dead body for post mortem examination and other connected papers. The dead body was sent for post mortem examination along with letter (Ext. A-14) through constables Kailash Chandra and Mahipat Singh. Blood stained soil and the simple soil were also collected from the spot. Dr. B. S. Bisht conducted the post mortem examination on the dead body on 13-06-1985 at about 9:15 RM. on the dead body of Trilok Singh and found following ante mortem injuries :
1. Lacerated wound 6 inches x 2 inches x bone deep with visible fracture on right parietal region, 5 inches above right ear. Bony creptus present.
Direction-Longitudinal
(parallel to sagital ).
2. Lacerated wound 2 inches x 5 inches x muscle deep on fore head, 5 inches right to midline. Direction oblique.
3. Abraded contusion 10 Cm x 10 Cm on right shoulder.
4. Swollen neck front and sides due to effusion of blood.
5. Abraded contusion on both hands-left fore arm size of injury left hand 2cm x 2 cm right hand 2cm x 3 cm.
6. Abraded contusion JO cm x 6cm (longitudinal) on the right scapu lar region.
7. Abrasion 3 cm x 4 cm on left mid axillary line.
8. Abrasion 3 cm x 2 cm on upper lip.
9. Abraded contusion on the front of chest 8 cm x 6 cm.
10. Abraded contusion 2 cm x 2cm on right leg.
The Medical Officer prepared the post mortem examination report (Ext. A-9) and opined that duration since death was about ll/2 days. As to the cause of death, the doctor opined that death occurred due to coma as a result of head injury. On 14-06-1985, the police registered the crime No. 36 of 1985 under Section 302 I. P. C. and made necessary entries in the general diary, a copy of which is Ext. A-7. After examining the complainant- P. W. 1 Sher Singh, the Investigating Officer inspected the place of occurrence and prepared site plan (Ext. A-17 ). During the course of the investigation, several persons including Kesar Singh (P. W. 4), Har Singh (P. W. 6), Dhan Singh (P. W. 5) and many others were examined. It was revealed on interrogation of the witnesses that on 11-05-1985, de ceased along with others was in a mar riage party of Gagan Singhs son. Appel lant/accused Padam Singh along with other baraties, reached at the Brides place at about 8:30 RM. on that day. However, thereafter appellant Padam Singh along with deceased Trilok Singh went towards Dharchula from the Brides place in search of more liquor. Witnesses Kesar Singh, Dhan Singh end Har Singh saw the above two going together and the deceased was last seen with the appel lant. The Investigating Officer on 16-06-1985 could apprehend appellant Padam Singh while he was about to cross Indo-Nepal border near Ghatibagar, Baluakot. According to the prosecution, appellant Padam Singh after his arrest, got recov ered the stone (Ext. 1) by which
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
