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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Sunita Agarwal, Sadhna Rani (Thakur), JJ.
Manoj Kumar Sharma – Appellant
Versus
State of U.P. – Respondent
Criminal Appeal No. - 4319 of 2012
Decided On : 31-05-2022
Culpable Homicide - Section 304 Part I - 299, 300, 304 - The court analyzed the legal provisions of culpable homicide, murder, and the distinction between Section 304 Part I and Part II. The appellant's conviction was moderated to Section 304 Part I as the court found absence of intention to cause death but not absence of intention to cause such bodily injury likely to cause death. The appellant's sentence was reduced to the period already undergone, and he was ordered to be set at liberty forthwith.
Fact of the Case:
The appellant was convicted for the offence under Section 302 IPC for causing the death of his brother during a sudden quarrel over watering their fields. The court found that the appellant's act of causing death fell within the meaning of 'culpable homicide not amounting to murder' under Section 304 of the Indian Penal Code.
Finding of the Court:
The court found that the appellant's act of causing death was not premeditated and occurred in a sudden fight without intention to cause death. The court concluded that the appellant's conviction should be moderated to Section 304 Part I and his sentence should be reduced to the period already undergone.
Issues: The main issue was to determine whether the appellant's act constituted 'culpable homicide amounting to murder' under Section 302 IPC or 'culpable homicide not amounting to murder' under Section 304 IPC. The court also considered the absence of intention to cause death and the nature of the altercation between the appellant and the deceased.
Ratio Decidendi: The court applied the legal principles of culpable homicide, murder, and the distinction between Section 304 Part I and Part II. It emphasized the absence of intention to cause death but not absence of intention to cause such bodily injury likely to cause death in moderating the appellant's conviction to Section 304 Part I.
Final Decision: The appellant's conviction was moderated to Section 304 Part I, and his sentence was reduced to the period already undergone. The appellant was ordered to be set at liberty forthwith.
JUDGMENT :
Sunita Agarwal, J.
1. Heard Sri Amit Daga learned Advocate for the appellant and Sri Patanjail Mishra learned AGA for the State respondent.
2. This appeal is directed against the judgement and order dated 24.09.2012 passed by the Additional Sessions Judge, Court No.8, Bulandshahar in S.T. No.221 of 2010, arising out of Case Crime No.348 of 2009, under Section 302 IPC, P.S. B.B. Nagar, District Bulandshahar, whereby the appellant Manoj Kumar Sharma son of Ved Prakash Sharma, resident of village Dhakoli, Police Station B.B. Nagar, has been convicted for the offence under Section 302 IPC and sentenced for life imprisonment.
3. The first information report of the incident occurred on 11.12.2009 at about 02.00 PM, was lodged by Vikas Sharma son of Ved Prakash Sharma, brother of the accused-appellant Manoj Kumar Sharma. It may also be noted herein that deceased Rajeev Kumar Sharma was brother of the first informant as also the accused-appellant herein. It was stated in the report that on 11.12.2009 at about 02.00 PM, the informant received a call on his mobile from Smt. Savita wife of Manoj, the appellant-herein. She told that the appellant went to the tube-well for watering his field but deceased Rajeev Kumar was arguing by stating that he would first water his field and did not allow the appellant to take water from the tube-well. On the said issue, they fought and Rajeev sustained firearm injuries. Savita asked the first informant to take the injured Rajeev to the hospital.
4. On getting this information, the first informant reached at his tube-well at Kharkali Jungle and saw his brother Rajeev Kumar Sharma lying blood soaked on a cot. The injured told the first informant that Manoj Kumar Sharma (the appellant herein) shot two fires on him through his gun. One Sri Bhagwan @ Kallu and other passerby tried to save him and intercepted Manoj but he did not listen to anyone and shot the injured by his licensee gun. The injured begged him to take to the hospital. The first informant alongwith other villagers took the deceased to B.B. Nagar Community Hospital but he succumbed to his injuries on the way. While keeping the dead body at the Government Hospital, the first informant went to lodge the report.
5. The check FIR based on the written report lodged on 11.12.2009 was proved by PW-4, the Constable Clerk posted in the police station B.B. Nagar, being in his handwriting and signature as Exhibit Ka-2. The G.D. entry report No.31 at 15.45 hrs of the said report was proved by bringing the original G.D. in the Court and filing the certified carbon copy of the same, by PW4, being in his handwriting and signature as Exhibit Ka-3.
6. In cross, PW-4 stated that he could not tell the time of sending the special report to the senior officials. However, the special report was received on 14.12.2009 by the concerned court but the date of sending of the same from the police station was not noted. On further confrontation, he stated that no memo or information of the incident was received from the hospital.
7. The inquest of the dead body was conducted at the Community Health Center, B.B. Nagar which is evident from the inquest report proved by PW-7 as Exhibit Ka-12. The related papers to the inquest prepared for sending the dead body for the postmortem had been proved as Exhibit Ka-13 to Exhibit Ka-19. The postmortem report was proved by the doctor entered in the witness box as PW-5. He stated that he conducted the postmortem on 12.12.2009 at about 11.30 AM. The body was received in the sealed state. On external examination, the deceased appeared to be aged about 32 years, a strong built male. The rigor mortis was present over the entire body. The injury found on the person of the deceased as indicated in the postmortem report are:-
Firearm would of entry size 3.0 cm x 2.5 cm x chest
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