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1987 Supreme(All) 568
HIGH COURT OF ALLAHABAD
R.K. SHUKLA, R.K. SAXENA, JJ.
Parsadi - Appellant
Versus
State Of U. P. - Respondent
Criminal Appeal No. 2610 of 1977
Decided on : Dec 11, 1987
A.K. Saxena, Keshav Sahai
The right of self-defense is not available to an aggressor who initiates trouble and causes harm to others.
Headnote:
CRIMINAL APPEAL - SECTION 302/149 IPC - SECTION 325/149 IPC - SECTION 323/149 IPC - SECTION 147 IPC - ALTERATION OF CONVICTION - SENTENCE MODIFICATION - RIGHT OF SELF-DEFENCE - AGGRESSOR - BURDEN OF PROOF - PRESUMPTION - EYE WITNESS TESTIMONY - MEDICAL EVIDENCE - DELAY IN FIR - CONTRADICTION IN STATEMENTS - COMMON OBJECT OF UNLAWFUL ASSEMBLY - INTENTIONAL ACT - MINIMUM COMMON OBJECT - GRIEVOUS INJURIES.
Fact of the Case:
Appellants Parsadi and Nathu alias Raj Pal were convicted under sections 302/149, 32/149, and 147 IPC for assaulting Smt. Rupan and her husband Lallu, resulting in Smt. Rupan's death. The incident occurred when the appellants entered Lallu's field, set a net to catch rabbits, and ate some Kakadi and Kharbooja, causing damage to the crops. Smt. Rupan confronted them, leading to an assault on her and Lallu by the appellants and their associates. Lallu defended himself with a Dandah, injuring Parsadi. The appellants claimed self-defense, alleging that Lallu initiated the assault.
Finding of the Court:
The court found that the appellants were the aggressors and members of an unlawful assembly. The medical evidence supported the prosecution's case, showing that Smt. Rupan sustained a severe Lathi blow to the head, causing her death. The court rejected the defense's version of events, finding it improbable and lacking supporting evidence.
Issues: 1. Who was the aggressor in the incident? 2. Whether the appellants' actions constituted the offense of murder under section 302/149 IPC? 3. Whether the delay in lodging the FIR and the alleged contradictions in statements affected the prosecution's case? 4. What was the common object of the unlawful assembly formed by the appellants and their associates?
Ratio Decidendi: 1. The court held that the appellants were the aggressors, as they initiated the trouble by entering Lallu's field, damaging his crops, and assaulting Smt. Rupan and Lallu. The right of self-defense was not available to them as aggressors. 2. The court found that the appellants' actions did not constitute the offense of murder under section 302/149 IPC. While the injury inflicted on Smt. Rupan was sufficient to cause death, there was no evidence of an intentional act or knowledge of the likelihood of death. 3. The court held that the delay in lodging the FIR and the alleged contradictions in statements did not adversely affect the prosecution's case. The reasons for the delay were explained, and the contradictions were not material. 4. The court determined that the common object of the unlawful assembly formed by the appellants and their associates was to cause grievous injuries to Smt. Rupan and Lallu. The evidence did not support the contention that the common object was to commit an act intended to cause death.
Final Decision: The court altered the appellants' convictions from section 302/149 IPC to section 325/149 IPC, sentencing each of them to three years' rigorous imprisonment. The convictions and sentences under sections 323/149 and 147 IPC imposed by the trial court were maintained. All sentences were ordered to run concurrently.
1. Parsadi and Nathu alias Raj Pal appellants have preferred this appeal against the judgment and order dated 19-11-1977, passed by O. P. Mehrotra, Sessions Judge, Mathura, whereby he has convicted both the appellants under sections 302/149 and 32/149 and 147 IPC and sentenced each of them to imprisonment for life and for six months' R. I. twice respectively. All the sentences were ordered to run concurrently.
2. Brief facts of the prosecution case are that on 29-5-1974 at about 1.30 P. M. while Lallu (PW 1) and his wife Smt. Rupan (deceased) were looking after their field in which Kakadi and Kharbooja had been sown. The aforesaid two appellants along with one Hari Singh and two other unknown persons entered the field of Lallu and put a net in that field in order to catch rabbits. They also ate some Kakadi and Kharbooja and caused damage to the Kakadi and Kharbooja crops. Then Smt. Rupan asked them not to do so, whereupon they started assaulting her with Lathis. It is alleged that Natho alias Rajpal gave a lathi blow on her head on which she fell down unconscious and when her husband, Lallu came to her rescue, the culprits assaulted him as well. Lallu also plied Dandah in his defence. Besides Lallu, this occurrence is said to have been witnessed by Shobha Ram (PW 5) Girdhari (PW 7) and others. After assault, the culprits ran away across the railway line.
Complainant Gordhan Lal (PW 3), who is son-in-law of Lallu injured was present at his cycle shop in Kosi Kalan, came to know that his father-in- law and mother-in-law had been assaulted by Bawariyas in the field, therefore, he rushed to the place of occurrence on a rickshaw and took both of them to Kosi Kalan Hospital, where they were medically examined by Dr. Arvind Kumar (PW 8). On the way Lallu injured told Gordhan Lal complainant how this occurrence had taken place. On the basis of that Gordhan Lal got a report (Ex. Ka-5) prepared by Man Singh and then went to the police station Kosi Kalan and lodged an FIR at 3.30 P. M. on the same day i.e. 29-5-1974. A case was registered against five persons including the two appellants at police station Kosi Kalan under sections 147/323 IPC and both the injured were sent to Primary Health Centre, Kosi Kalan for their medical examinations. As the condition of Smt. Rupan was serious, she was shifted to Mathura Hospital, where she died in the night at about 9 P. M. Sri A. P. Sharma, S. I., Kotwali, Mathura (now dead) prepared inquest report and sent the dead body for post mortem examination through constable Ram Nath Singh. On the receipt of the report of death of Smt. Rupan, the case was converted from section 323/149 IPC to section 302/149 IPC.
3. Smt. Rupan and her husband Lallu were first examined by Dr. Arvind Kumar on the same day at 2 P. M. and 2.45 P. M. respectively. The doctor found the following injuries on their bodies. SMT. Rupan 1. Lacerated wound of 5" x 1/2" x scalp deep on the front of the left side of head and lies 3-1/2" above the left eye brow. Patient was unconscious with poor condition. The above injury was kept under observation and advised X-ray. Duration was fresh (vide injury report Ex. Ka-8). Lallu 1. Lacerated wound of 1-1/2" x 1/2" x skin deep on the back of head and lies 3-1/2" above the left ear ; 2. Abrasion of 1" x 1/2" with swelling of 1-1/2" x 1" around the wound and lies on the upper part of back and lies 3" below the left shoulder joint; 3. A contusion of 5" x 1" on the right side of back with swelling of 3-1/2" x 1-1/2" around it and lies 2" right side of the vertebral columns and lies 4" below the right shoulder joint. The injuries were caused by blunt object and no. 2 was caused by friction. The injuries were simple with fresh duration (vide injury report Ex. Ka 9).
4. Dr. D. D. Chaturvedi (PW 6) conducted the post mortem examination on the dead body of Smt. Rupan on 30-5-1974 at 5.30 P. M. He found the following two ante-mortem injuries on her person : 1. Stitched wound 4" in length on left
