Mohd. Amir vs State of U. P. - 2022 Supreme(All) 1329

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 1329

IN THE HIGH COURT OF ALLAHABAD
KAUSHAL JAYENDRA THAKER, AJAI TYAGI, JJ.
Mohd. Amir – Appellant
Versus
State of U.P. – Respondents
Criminal Appeal No. 6485 of 2018
Decided on : 09-12-2022

Advocates:
Advocate Appeared:
For the Appellant : Gaurav Kakkar, Noor Muhammad, Yogesh Kumar Srivastava

Headnote:
IPC - Conviction under Section 302 IPC - [299, 300, 304 Part-I, 304 Part-II, 452] - The court discussed the distinction between 'murder' and 'culpable homicide not amounting to murder' under Section 299 and 300 of IPC. The judgment referred to various cases and medical evidence to conclude that the offence would be punishable under Section 304 Part-I of IPC. The court also considered the reformative theory of punishment and converted the conviction under Section 302 of IPC to under Section 304 Part-I of IPC. The punishment under Sections 354 IPC and 452 IPC was not sustained, and the compensation was reduced to Rs. 3 Lacs to be paid to the legal heirs of the deceased.
Fact of the Case:

The appellant was convicted under Section 302 IPC for setting the victim on fire, resulting in her death. The court considered witness testimonies, medical evidence, and the appellant's intention to determine the appropriate conviction and punishment.
Finding of the Court:

The court found that the offence was punishable under Section 304 Part-I of IPC, considering the absence of premeditation and the appellant's lack of intention to cause the victim's death.
Issues: The main issue was to determine the appropriate conviction and punishment for the appellant under the Indian Penal Code.
Ratio Decidendi: The court applied the principles of 'culpable homicide not amounting to murder' under Section 299 and 300 of IPC, considered medical evidence, and referred to relevant case laws to reach the decision to convert the conviction under Section 302 of IPC to under Section 304 Part-I of IPC.
Final Decision: The appeal was partly allowed, and the punishment under Sections 354 IPC and 452 IPC was not sustained. The conviction under Section 302 IPC was converted into Section 304 Part-I IPC, and the appellant was awarded 7 years rigorous imprisonment. The compensation was reduced to Rs. 3 Lacs to be paid to the legal heirs of the deceased.

JUDGMENT :

1. This appeal challenges the judgment and order dated 22.9.2018 passed by Ist Additional Sessions Judge, Jhansi, in Sessions Trial No.240 of 2016 (State Vs. Mohd. Amir) in connection with Case Crime No.586 of 2015, Police Station Sipri Bazar, District Jhansi convicting the appellant under Section 302 IPC for life imprisonment along with fine of Rs.5,00,000/-, under Section 354 IPC for 3 years rigorous imprisonment along fine of Rs. 50,000/-and under Section 452 IPC for 3 years rigorous imprisonment along with fine of Rs. 50,000/-and all the sentences shall run concurrently.

2. According to F.I.R., the applicant's daughter Km. Vinita Bajpai @ Doli, age -24 years, used to live in Old Charliganj, Police Station -Sipri Bazar, Jhansi, District-Jhansi for the care of the applicant's late brother and bhabhi (brother’s wife)’s son Abhilash Tiwari and daughter Km. Rinki, who is mentally challenged. The occurrence took place on 18.12.15 at around 11:30 a.m. Km. Vinita, daughter of the applicant, was alone at her Jhansi located residence. Taking advantage of the opportunity, Mohd. Amir s/o Mohd. Anees, resident of Sarai Mohalla, Police Station -Kotwali, Jhansi entered the room of the applicant's daughter and tried to commit rape on the applicant's daughter, against which act the applicant's daughter protested, and raised alarm; so fearing to be get apprehended, the said Mohammad Amir poured kerosene, kept in the house, on the applicant's daughter and set her on fire with the intention of killing her. While executing the said occurrence, Mohammad Amir also came into flames. Hearing the commotion, Vivek Tiwari, the grandson of the applicant, and many other people reached the spot, and took Km. Vinita to the Medical College, Jhansi. As her condition was critical, she, not being allowed to be admitted, was asked to be taken to Gwalior instead. The daughter of the informant was admitted to Ayushman Hospital, Gwalior and she was in moribund state.

3. On being summoned, the accused pleaded not guilty and wanted to be tried, hence, the trial started and the prosecution examined 10 witnesses who are as follows:

1	Gayari Bajpayee	PW1
2	Janki Prasad Bajpayee	PW2
3	Vivek Tiwari	PW3
4	Pramod Kumar Shukla	PW4
5	Shivnandan Singh Kushwaha	PW5
6	Dr. Ajay Gupta	PW6
7	Puttan Lal	PW7
8	Pravin Kumar Yadav	PW8
9	Kamta Prasad	PW9
10	Shiv Mohan Prasad	PW10

4. In support of ocular version following documents were filed:

1	F.I.R.	Ex.Ka.8
2	Written Report	Ex.Ka.1
3	Panchayatnama	Ex. Ka.10
4	Postmortem Report	Ex.Ka.11
5	Charge-sheet	Ex.Ka.15

5. At the end of the trial and after recording the statement of the accused under section 313 of Cr.P.C., and hearing arguments on behalf of prosecution and the defence, the learned Sessions Judge convicted the appellants as mentioned aforesaid.

6. Heard learned counsel for accused-appellant, learned A.G.A. for the State and perused the record.

7. It is the submission of appellant’s Counsel that PW3Vivek Tiwari stated on oath that the incident had occurred on 18.02.2015 at 11½ pm. He was inside the home at that time. He heard some screams, he came out of his house and saw that Amir was screaming. His hand and leg were engulfed in fire. He told Vivek that Doli @ Vineeta was in flames inside, save her. Public from the muhalla extinguished Vineeta's fire. Thereafter they took Vineeta to Medical College where the doctors after examination advised her to be taken to Gwalior. After returning from the hospital, he first went to his home to take the elders. From there, he made a telephone call to Vineeta's father who lived in Mahoba. He told me that he had already received the information and that he was coming directly to Gwalior. Vineeta is his Chacheri Bua (father's