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1970 Supreme(All) 152
ALLAHABAD HIGH COURT
G.S. Lal, K.C. Pur, J.
BAHAL SINGH
VERSUS
THE STATE
Criminal Appeal No. 57 of 1969 (Against order of Sessions Judge, Kheri, D/- 29-1-1969),
Decided On : December 3, 1970
The court held that the appellant's act fell within the ambit of Section 302 of the Indian Penal Code because he had taken undue advantage of the situation and had acted in a cruel and unusual manner.
Headnote:
CRIMINAL APPEAL - SECTION 302, 300, 304, INDIAN PENAL CODE - MURDER - CULPABLE HOMICIDE NOT AMOUNTING TO MURDER - EXCEPTIONS TO SECTION 300 - SUDDEN FIGHT - GRAVE AND SUDDEN PROVOCATION - UNDUE ADVANTAGE - CRUEL OR UNUSUAL MANNER.
Fact of the Case:
The appellant, Bahal Singh, was convicted of murder under Section 302 of the Indian Penal Code for stabbing Ranjit Singh to death with a Kirpan during a sudden quarrel. The appellant claimed that he acted in self-defense and that the offense should be reduced to culpable homicide not amounting to murder under Section 304 of the Indian Penal Code.
Finding of the Court:
The court found that the appellant had taken undue advantage of the situation by picking up the Kirpan and stabbing the deceased in the most vital part of his body. The court also found that the appellant had not been deprived of the power of self-control as a result of any grave and sudden provocation by the deceased.
Issues: 1. Whether the appellant's act fell within the ambit of Section 302 or Section 304 of the Indian Penal Code. 2. Whether the appellant could avail of the exceptions to Section 300 of the Indian Penal Code.
Ratio Decidendi: 1. The court held that the appellant's act fell within the ambit of Section 302 of the Indian Penal Code because he had taken undue advantage of the situation and had acted in a cruel and unusual manner. 2. The court held that the appellant could not avail of the exceptions to Section 300 of the Indian Penal Code because he had not been deprived of the power of self-control as a result of any grave and sudden provocation by the deceased.
Final Decision: The court dismissed the appeal and upheld the appellant's conviction and sentence.
K. C. Puri, J. :- Bahal Singh who has been convicted of offence under Section 302, Penal Code and sentenced to undergo imprisonment for life by the order dated 29th of January, 1969 passed by the Sessions Judge, Kheri, has preferred this appeal. The appellant was tried of the charge for offence under Section 302, Penal Code for having committed the murder of Ranjit Singh on the 14th March, 1968 at about 11 p.m., at the hutment of Nirmal Singh near village Sanda, police station Phoolbehar, district Lakhimpur Kheri.
2. Ranjit Singh, Nirmal Singh (P.W. 1) and Bhajan Singh (P.W. 2) were real brothers. They had got their farm near village Sanda and for their abode they had constructed hutments on the farm. The appellant is the husband of the sister of Nirmal Singh and the other two brothers. The appellant's sister is in turn married to Nirmal Singh. It is thus that the appellant is doubly connected with the family of Nirmal Singh. The appellant Bahal Singh lived in Balamau. He had come to the house of Nirmal Singh a day preceding the night of the occurrence. Inder Singh, the father of Nirmal Singh, Bhajan Singh and Ranjit Singh deceased also had a separate hutment on the said farm. On the night between the 14th and 15th of March, 1968 Bahal Singh, the appellant, had dined at the place of Inder Singh and after taking dinner he along with Bhajan Singh (P.W. 2) had come to the room of Nirmal Singh (P.W. 1). A little thereafter when Nirmal Singh, Bhajan Singh and the appellant were there in the said room, Ranjit Singh, who was the younger brother of Nirmal Singh, arrived there. In the said from there was electric light. When Ranjit Singh arrived there then exchange of greetings took place between him and the appellant. Thereafter, the appellant told Ranjit Singh that Ranjit Singh had come to Balamau a few days back and yet he had not come to meet the appellant to which Ranjit Singh replied that appellant had not come to dine at his place despite his having requested him to do so. This talk inter se the appellant and Ranjit Singh developed into quarrel and there was exchange of abuses. The appellant then slapped Ranjit Singh and the latter retaliated by giving a slap to the appellant. A Kirpan was hanging on the wall in that room. The appellant removed the Kirpan therefrom and gave a blow therewith in the chest of Ranjit Singh who fell down and expired instantaneously. The appellant then ran away therefrom carrying with him the said Kirpan, but he left his shoes and turban at that place.
3. Nirmal Singh then rushed to the police station Phoolbehar situated at a distance of three miles from the place of occurrence and lodged the first information report, Ext. 1 there at 1.00 a.m., on the night between the 14th and 15th of March, 1968. On the basis of the said report a case was registered against the appellant for the aforesaid offence. P.W. 5 Krishna Dayal Khare was station officer at the said police station at that time. He commenced the investigation forthwith. He went to the spot on that very night and found the dead body of Ranjit Singh in the room belonging to Nirmal Singh. He prepared inquest report and despatched the dead body for post mortem examination. He found the aforesaid pair of shoes and a turban belonging to the appellant lying there. He took the same into possession. He also took into possession the cover of the aforesaid Kirpan. After interrogating the witnesses, he prepared site plan, Ext. Ks. 14. He searched for the appellant, but could not trace him out. Later, he had gone to Balamau to trace out the appellant but there too he could not succeed in appeal hending him. It was on the 27th of March, 1968 that the appellant surrendered himself in Court.
4. The post mortem examination on the body of the deceased was conducted by Dr. V. K. Nigam, Medical Officer, Jail and Police Hospital, Kheri on the 15th of March, 1968 at 10.45 a.m. The probable age of the deceased in the opinion of the doctor was about 27 years
