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IN THE HIGH COURT OF ALLAHABAD
BACHCHOO LAL, SUBHASH CHANDRA SHARMA, JJ.
Satish Kashyap and Another - Appellants
Versus
State of U.P. - Respondent
Criminal Appeal No. 3433 of 2007 With Criminal Appeal No. 3179 of 2007
Decided On : 10-02-2021
MURDER - Criminal Law - Section 302/34 IPC - Summary of Acts and Sections: The court discussed the application of Section 302/34 IPC and the Fourth Exception of Section 300 IPC. It highlighted the absence of premeditation, sudden fight, and the influence of intoxication in the commission of the crime. The court found the appellants guilty under Section 304 Part-I read with Section 34 IPC and reduced their sentence to ten years rigorous imprisonment and a fine of Rs. 5000 each.
Fact of the Case:
The deceased was invited to a feast and later engaged in an altercation with the appellants, resulting in a sudden fight and the deceased being beaten to death. The prosecution presented evidence of the altercation and the injuries sustained by the deceased, while the appellants claimed the incident occurred under the influence of intoxication and without premeditation.
Finding of the Court:
The court found the appellants guilty under Section 304 Part-I read with Section 34 IPC, considering the sudden fight, absence of premeditation, and influence of intoxication in the commission of the crime. The court reduced the appellants' sentence to ten years rigorous imprisonment and a fine of Rs. 5000 each.
Issues: The key issues revolved around the absence of premeditation, the influence of intoxication, and the application of the Fourth Exception of Section 300 IPC in the commission of the crime.
Ratio Decidendi: The court applied the Fourth Exception of Section 300 IPC, considering the sudden fight, absence of premeditation, and influence of intoxication in the commission of the crime, leading to the appellants' conviction under Section 304 Part-I read with Section 34 IPC.
Final Decision: The court reduced the appellants' sentence to ten years rigorous imprisonment and a fine of Rs. 5000 each, and allowed the appeals to the aforesaid extent.
JUDGMENT :
Subhash Chandra Sharma, J.
1. Both criminal appeals emanate from the common judgment and order dated 21.03.2007 passed by learned Additional Sessions Judge, Court No. 3, Pilibhit in Sessions Trial No. 98 of 2003 (State Vs. Harish Kashyap and two others) arising out of Crime No. 414 of 2002 under Section 302/34 IPC, Police Station Barkheda, District Pilibhit by which appellants have been convicted and sentenced under Section 302 read with Section 34 IPC with life imprisonment and fine of Rs. 5,000/-for each, in default of payment of fine to undergo additional imprisonment for a period of six months, therefore these appeals are heard and being decided together.
2. The prosecution case in brief is that on 17.11.2002 deceased Veerpal (brother of informant Harpal Kashyap) was invited by Lalu Kashyap where Veerpal, Gopal and Lalu Kashyap took food in the feast and thereafter Veerpal came back to his house. They were talking on the terrace, meanwhile Harish, Satish s/o Kallu r/o P.S. Barkheda came there and started to talk to Veerpal. Veerpal said to Harish that marriage of daughter of Rampal had been engaged with his brother Satish. Why did he use to stay in the house of Rampal, he would not let it go on. While conversation he went to door of Kalicharan with Harish and Satish. Meanwhile sound of fire was heard by informant and he went there. In the way, he met to Lalu and Gopal who also went with him. They saw that Harish was equipped with Kasi Satish with danda and Om Prakash with lathi. Harish, Om Paraksh and Satish were beating Veerpal. Informant, Lalu and Gopal interfered then accused persons went away towards their house. This incident took place at about 11 p.m. In the night. Injured Veerpal was brought to Government Hospital, Barkheda by informant with the help of Lalu and Gopal, where doctors declared him dead. He lay dead body under pakad tree in the compound of hospital and arrived at police station, lodged an F.I.R. by giving tahreer as crime no. 414 of 2002 under Section 302 IPC against Harish, Satish and Om Prakash. Entry of which was made in the G.D. Report no. 2. Investigation of the case was handed over to S.I. A.A. Khan who moved to the place of occurrence.
3. Inquest of deceased Veerpal was conducted by S.I. A.A. Khan on 18.11.2002 at 7 a.m. at P.H.C. Barkheda. Inquest report was prepared in presence of witnesses. Dead body was got sealed. Other essential papers were prepared and dead body was handed over to constable Sajjan Saran and V.C. Rajesh for postmortem.
4. Dr. Prabhat Mishra conducted the autopsy on the dead body of Veerpal on 18.11.2002 at 3 p.m. & prepared report Exhibit Ka-6. Details of post-mortem are as under:
External Examination: Time after death about half day. He was aged about 40 years. Average built body. Rigor mortis was present both upper and lower limbs. Left eye swelling & closed and right eye half opened. Mouth half opened clotted blood present in side. Nostrils (both) no sign of decomposition.
Ante-mortem injuries:-(1) Multiple lacerated wound in area 6 cm x 2 cm x bone deep on left side of forehead just above left eyebrow underneath frontal bone fractured. (wound showing depressed are due to fractured skull bone).
(2) Contusion over left upper eye on the lid 6 c.m. x 3 c.m. Left eye closed due to swelling.
(3) Abraded contusion 4 c.m. X 2 c.m. On left side of cheek, 5 c.m. From left eye lateral ankle.
(4) Incised wound 5 c.m. X 2 c.m. X bone deep on left side of skull, 7 c.m. Above left ear underneath left parietal bone cut & fractured.
(5) Multiple abraded contusion 7 c.m. X 1 c.m., 4 c.m. Below right elbow joint on posterior side.
(6) Abrasion 3 cm x 1 cm on posterior (dorsal) aspect of right palm.
(7) abrasion 1 cm x 1 cm on front of chest, 11 cm below right nipple.
On Deeper Dissection found: 1. Left side frontal bone fractured, membranes lacerated, brain were found lacerated (injury no. 1), large hemeolema present over nostrils and brain matters. 2. Left side parietal bone cut and fract
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