Point of Law: The academic distinction between ‘murder’ and ‘culpable homicide not amounting to murder’ has always vexed the Courts. Confusion is caused, if Courts losing sight of the true scope and meaning of the terms used by legislature in these sections, allow themselves to be drawn into minute abstractions.

JUDGMENT :

Ajay Tyagi, J.

1. Both these appeals have been preferred by the appellants against the judgment and order dated 7.8.2018, passed by learned Additional Sessions Judge, Fast Track Court No.1, Firozabad in Sessions Trial No.7 of 2016 (State of Uttar Pradesh v. Bangali Babu and others) arising out of Case Crime No.142 of 2015, under Sections 452, 506, 302 read with Section 34 of Indian Penal Code, 1860 (in brevity 'IPC'), Police Station Pachokhara, District Firozabad, whereby, accused-appellants, Bangali Babu and Pinki alias Ramakant have been convicted and sentenced under Section 302 read with Section 34 of IPC for life imprisonment and fine of Rs.50,000/-each. They were further directed to undergo 1 year simple imprisonment in case of default of fine. Accused-appellant, Niranjan Singh, was convicted and sentenced under Section 302 of IPC for life imprisonment and fine of Rs. 50,000/-. He was further directed to undergo 1 year simple imprisonment in case of default of fine. All the accused-appellants namely, Bangali Babu, Niranjan Singh and Pinki alias Ramakant were further convicted and sentenced under Section 452 of IPC for rigorous imprisonment of 7 years and fine of Rs.5,000/-each. They were further directed to undergo 6 months simple imprisonment in case of default of fine. They were also convicted and sentenced under Section 506 (Part 2) of IPC for 7 years rigorous imprisonment and fine of Rs.5,000/-each and they were directed to further undergo 6 months simple imprisonment in case of default of fine. All the sentences were directed to run concurrently.

2. Brief facts giving rise to this appeal are that a written report (Ex.Ka.1) was submitted by the complainant, Bobby alias Nar Singh Pal at Police Station Pachokhara, Firozabad with the averments that in the night of 30.3.2015 at about 10.00 p.m., complainant's mother Tanushree and daughter, Kumari Shalini were sleeping in the house on separate cots. Light was on. On that time residents of same village, Bangali Babu, s/o Bachha Singh, Niranjan Singh s/o Bangali Babu and Pinki alias Ramakant, s/o Singh Pal Singh entered the house by opening the main gate with country made pistol in their hands. Just entering the house, Bangali Babu fired at the complainant with intention to kill him but he saved himself and climbed on the roof using staircase and screamed from there. Gunshot was fired at the mother of the complainant, Tanushree, with intention to kill her which hit in her stomach. On hearing the screaming of complainant and noise of fires, many people gathered on the spot who saved complainant and others. All the accused persons ran away after giving life threat to the complainant. The complainant took his injured mother, Tanushree, to the Police Station but his report was not lodged in Police Station and she was sent to District Hospital, Agra where she was medically examined and was referred to S.N. Medical College, Agra but looking to the serious condition of his mother, the complainant admitted her mother in Akash Hospital, Agra, where she was treated.

3. On this written report, First Information Report was registered at Police Station Pachokhara on 2.4.2015 under Sections 307, 452 & 504 of IPC. During treatment, Tanushree, the mother of the complainant, succumbed to the injuries after two months of the occurrence.

4. Investigation was taken up by S.I. Vijendra Kumar Singh. He visited the spot, prepared site plan and recorded statements of witnesses under Section 161, Cr.P.C. Medical examination of injured mother of the complainant was conducted and medical report was prepared. During course of investigation, dying declaration of Tanushree was recorded. After two months of the occurrence, Tanushree died due to septicemia which took place due to injury caused to her in the occurrence. After the death of the injured Tanushree, case was converted into Section 30