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ALLAHABAD HIGH COURT (LUCKNOW BENCH)
R. CHANDRA, J.
Putti Lal - Appellant
v.
State - Respondent
Criminal Appeal No. 490 of 1966
Decided on: 30-5-1968
CRIMINAL APPEAL - SECTION 304, PART II, INDIAN PENAL CODE - CONVICTION ALTERED TO SECTION 325, INDIAN PENAL CODE - SENTENCE REDUCED FROM FIVE YEARS' RIGOROUS IMPRISONMENT TO THREE YEARS' RIGOROUS IMPRISONMENT - APPELLANT CAUGHT VICTIM BY NECK, BODILY LIFTED AND THREW HIM ON THE GROUND CAUSING FRACTURE OF RIBS - NO INTENTION OR KNOWLEDGE TO CAUSE DEATH - GUILTY OF GRIEVOUS HURT UNDER SECTION 325, INDIAN PENAL CODE.
Fact of the Case:
Appellant Putti Lal was convicted under Section 304, Part II, of the Indian Penal Code for causing the death of Asharfi. The incident occurred during an altercation between the appellant and Banwari, the deceased's brother, over wages paid to laborers. The appellant slapped Banwari, and when Asharfi intervened, the appellant caught him by the neck, lifted him bodily, and threw him on the ground, resulting in his death.
Finding of the Court:
The court found that the appellant did not have the intention or knowledge to cause the death of Asharfi, but his act of catching him by the neck, lifting him bodily, and throwing him on the ground with sufficient force caused grievous hurt, resulting in the victim's death. The court also found that the appellant was aware that his act could cause grievous hurt to the victim.
Issues: 1. Whether the appellant had the intention or knowledge to cause the death of Asharfi? 2. Whether the appellant's act of catching the victim by the neck, lifting him bodily, and throwing him on the ground constituted grievous hurt under Section 325 of the Indian Penal Code?
Ratio Decidendi: The court relied on the medical evidence, which indicated that the deceased had an enlarged heart and that the rupture of the heart, which caused his death, could have occurred even by an ordinary injury in the case of an old man with a badly enlarged heart. The court also considered the fact that the appellant did not have any knowledge of the deceased's medical condition.
Final Decision: The court altered the appellant's conviction from Section 304, Part II, to Section 325 of the Indian Penal Code and reduced his sentence from five years' rigorous imprisonment to three years' rigorous imprisonment.
This is an appeal by Putti Lal, resident of Panditpurwa Babaganj, police station Rupaidiha, district Bahraich, against his conviction under Section 304, Part II, of the Indian Penal Code by the Sessions Judge, Bahraich. He has been sentenced to undergo five years' rigorous imprisonment. I have heard the learned counsel for the appellant and the Assistant Government Advocate for the State.
2. The facts of the case in brief are, that Banwari, P.W. 1, the younger brother of Asharfi, deceased, visited the house of prosecution witnesses Pojey and Bindra to engage them as labourers. When Banwari was talking to Pojey Putti Lal, appellant, also arrived there and enquired from Pojey what wages he had charged from Ram Dularey with whom he had worked, Pojey replied that he got wages in kind, namely, one panseri of wheat. Thereupon, Putti Lal remarked that now it would be difficult even for big persons to pay wages. After about 3 or 4 days, namely, on 6th September, 1965, in the evening, Banwari was cutting grass in his field. In the neighbouring field, Asharfi, deceased, was also scraping grass. Shanker was grazing she-buffalo in that very locality. Banwari narrated to him the incident which had taken place earlier with Pojey and Putti Lal. Banwari also complained to Shanker that Dashrat, brother-in-law of Putti Lal had purchased from him paddy worth Rs. 6, and he paid the price to Putti Lal but he kept the money with him and did not pay it.
It was said that when this talk was going on, Putti Lal also arrived there. He enquired from Shanker about the talk that was going on. Shanker repeated what Banwari had told him. Thereupon, Putti Lal talked to Banwari, and tauntingly remarked that he would see as to how big he was and what wages he could pay. He also refuted the charge that he had retained the money paid by Dasrath. Putti Lal showered abuses on Banwari, and also slapped him. He raised an alarm. Asharfi who was in the neighbouring field rushed there. In the meantime, Putti Lal left the place and started going towards west. Asharfi showered filthy abuses on Putti Lal and chased him for some distance, when he returned and caught hold of Asharfi's neck, lifted him bodily and threw him on the mend of the field. The incident was witnessed by Chheda, Ram Phal, Budh Sagar, Awadh Ram, Shanker and Banwari. They chased Putti Lal, but he could not be arrested. When they returned, they found Asharfi lying in a critical condition, and soon after he expired. The chaukidar was called. The dead body was left by Banwari in the charge of his nephew and his brother's wife. He himself went to the thana, where he lodged the report, Ext. Ka. 1 on 6th September 1965 at 10.30 p.m., (The distance of the police station from the scene of occurrence was about five miles.) The investigation was started by Sri K.H.M. Tripathi, P.W. 9, station officer. After necessary formalities, the dead body of Asharfi was despatched for post-mortem examination.
3. On 8th September. 1965, at 11-30 a.m., Dr. S.N. Gupta, Civil Surgeon, Bahraich, conducted the post mortem examination on the body of Asharfi. He estimated the age of the deceased as about 60 years, and the probable time since death about two days. He found the following ante mortem injuries on his person :-
(1) Multiple abrasions of varying sizes, irregular shape in an area of 20 cm. by 5 cm, on left scapular region and outer side of left shoulder.
(2) Abrasion 3 cm. by 0.5 cm. on the outer side left leg upper third.
(3) Abrasion 1.5 cm. by 0.3 cm. on left side neck 2 cm. below the lower border of left mandible middle of rarmis.
(4) Contusion 17 cm. by 15 cm. left frontal, left temporal and left parietal regions of head. On cutting extensive ecchymosis present.
(5) Ecchymosis right side neck at the base 1.5 cm. by 1 cm. confirmed by cutting.
(6) Patchy ecchymosis left side root of neck outer aspect in area of 3 cm. by 1.5 cm. confirmed by cutting.
4. The internal examination further revealed that the membranes were con
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