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HIGH COURT OF ALLAHABAD (D.B.)
Beg, Roy, JJ.
FAQIRA
Versus
STATE
Criminal Appeal No: 648 of 1954
Decided On : 26 August, 1954
302 - Murder - 302 - Summary of the acts and sections referenced and discussed by the court: The court discussed the provisions of Section 302 of the Indian Penal Code (IPC) and its interpretation in relation to the intention to cause bodily injury and the likelihood of causing death. The court also referred to the decision in 'Behari v. State' and 'Badri v. State' to analyze the applicability of different clauses of Section 300 of the IPC to the facts of the case.
Fact of the Case:
Faqira was convicted under Section 302, IPC for the murder of his cousin Masit Ullah. The prosecution's case was that Faqira assaulted Masit Ullah with fists, kicks, and the wooden end of a sickle, resulting in Masit Ullah's death. Faqira raised a defense claiming that his brother Hafiz was the real culprit and that the injuries were post-mortem or caused by a fall. The court examined the evidence and found Faqira's defenses to be untrue.
Finding of the Court:
The court found that the injuries were ante mortem and caused by Faqira, rejecting his defenses. The court also analyzed the applicability of different clauses of Section 300, IPC to determine the nature of the offense committed by Faqira.
Issues: The issues involved the examination of the evidence to determine the cause of Masit Ullah's death and the applicability of different clauses of Section 300, IPC to the facts of the case.
Ratio Decidendi: The court's decision was based on the interpretation of the intention to cause bodily injury and the likelihood of causing death as per the provisions of Section 300, IPC. The court also considered the rebuttable presumption regarding the intention to cause the injury and the circumstances that could rebut the presumption.
Final Decision: The court allowed the appeal, set aside the conviction and sentence under Section 302, IPC, and instead convicted Faqira under Section 304, Part II, IPC, sentencing him to three years' rigorous imprisonment.
Roy, J.
[1] Faqira, son of Nazar, aged 30 years, resident of Rardhana, within police circle Kithore, district Meerut has been convicted under Section .302, I. P. C., and sentenced to death for having committed the murder of his cousin Masit Ullah, alias Bholi on 21-3-1953 at about 2 p.m. He has preferred this appeal from his conviction and sentence and there is also the usual reference by the learned Sessions Judge for the confirmation of the sentence of death.
[2] The case for the prosecution was that on the day in question gram crop was being harvested from the field of one Liaqat by the deceased and by Hafiz alias Fiza, the real brother of the appellant and by others. At about mid-day an altercation took place between the deceased and Hafiz on the question as to who should cut which portion of the standing crop. The dispute was, however, resolved by the other persons who were working on the same field and the two continued to reap the crop till about 2 p.m. It is said that at that time Faqira appellant, the brother of Hafiz, came there and Hafiz complained to Faqira of the unseemingly behaviour of the deceased. The appellant got enraged and he kicked and cuffed Masitullah alias. Bholi and gave him some blows with the wooden end of the sickle which he had in his hand Masitullah fell down unconscious and he expired about two hours later.
[3] A report about the occurrence was lodged at the police station the same evening at 9-30 p.m. by Buddhu chaukidar of the village in which these details had been given and in which the eye-witnesses had been mentioned. The police took up investigation of the matter. The body was sent for post-mortem examination. The postmortem examination was conducted on 23-3-1953 by the Civil Surgeon of Meerut. The following external injuries were present on the dead body of Masitullah alias Bholi :
1. Contused area 6" x 4" on the back and outer side of right arm and elbow and deep congestion was present on cutting the tissues.
2. Contused area 4" x 2" on left cheek with swelling around it and deep congestion was seen on cutting the tissues and this congestion extended upto neck.
3. Contused area 2" x 1" on back of left elbow and arm. Due to decomposition no other external mark of injury was visible.
[4] On cutting the chest wall very deep area of congestion was present on right side of chest in the lower part in an area 4" x 3" and another acrea of congestion was present in post axillary line in an area 6" x 2". On the left side of chest deep congestion was also present in an area 4" x 3" in mid thoracic area near vertebral attachment. One pint of blood was present in right thoracic cavity and flowed like a tap on cutting inter costal muscles. Right lung was deeply congested and lacerated for 1 1/2" x 3/4". Fracture of 5th and 7th ribs was present on left side. These fractures were present near the vertebral border. The diaphram on left side was very deeply congested and blood stained. Peritoneum was also congested and blood about 8 ounces was present in splenic bed. Walls of the stomach were congested. Spleeu was congested and lacerated for 1"x 1/4" and was lying in a pool of blood. Liver and right kidney were also congested. Death in the opinion of the Civil Surgeon was due to shock and haemorrhage following fracture of ribs, laceration of lung and spleen. The Civil Surgeon was further of opinion that these injuries were caused probably by fists and kicks, and also by the handle of a sickle called daranti. The Civil Surgeon was further of opinion that all the injuries were ante mortem and they could not have been caused by a fall. He further stated that there was no evidence of any abnormality like that of a tumour in the deceased's abdomen.
[5] In support of the prosecution story five eye-witnesses were produced. Three of them, namely, Jumma, Kaley and Ram Chand, P. Ws. 1 to 3 were at the time of the occurrence reaping the crop in the adjoining field of Abbas, and the other two, namely, Amar Singh (
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