The distinction between 'intention' and 'knowledge' in establishing culpable homicide and murder under the Indian Penal Code, and the requirement to prove the accused's mental attitude towards the consequences of their conduct.

JUDGMENT :

Mohd. Azhar Husain Idrisi, J.

1. Heard Sri Gopal Swaroop Chaturvedi, Senior Advocate assisted by Sri Alok Ranjan Mishra, learned counsel for the appellants, Sri Jitendra Kumar Jaiswal, learned AGA for the State and perused the record.

2. The present criminal appeal has been filed against the judgment and order dated 10.2.1983 passed by 4th Addl. Sessions Judge, Bulandshahr in S.T. No. 412 of 1982 (State Vs. Manvir Singh and others) and S.T. No. 1 of 1983 (State vs. Smt. Brijesh) arising out of Case Crime No. 21 of 1982, P.S. Jahangirpur Khurja, District-Bulandshahr, by which the appellant Nos. 1, 2 and 3 have been convicted for the offence under Section 302/34 IPC and awarded the sentence of life imprisonment and also under Section 307/34 IPC and awarded the sentence of 5 years' rigorous imprisonment and further appellant No. 4 has been convicted under Section 323 IPC and directed to pay a fine of Rs.500/- and in default to undergo two months' rigorous imprisonment.

3. Shorn of unnecessary details, the prosecution case is unraveled in an oral report lodged by one Naresh, which was registered vide Case Crime No. 21 of 1982, under Sections 302, 307 IPC, P.S. Jahangirpur Khurja, District-Bulandshahr registered vide G.D. No. 22. The chik FIR has been marked as Ex. Ka-1 prepared by Om Prakash Tyagi (P.W.-7) at the relevant date and time.

4. The allegations made in the first information report are that Manvir Singh, Omvir Singh and Mahesh son of Amolak Singh, his own cousins, were on inimical terms, on account of dispute over boundary marks. At about 4 p.m. on the day of incident, he alongwith his brother Yashpal Singh and mother Risalo were sowing Maize crops in the field of his uncle Mahipal Singh on batai, Manvir Singh, Omvir and Mahesh were demolishing his boundary marks with their spades. On raising resistance not to demolish their boundary marks, Manvir Singh stated that they will continue to do so, as he, behind his back has been harassing his brothers and this time he has come after taking leave to settle scores. Manvir Singh then exhorted to assault them, consequent to which, all three armed with spades ran to assault them, however they with an intention to rescue them ran towards the village, however, all the three assailants waylaid them near the enbankment of the canal distributory near the culvert and attacked them. On account of their assault, his brother Yashpal Singh fell down but they continued to assault him and when he tried to rescue his brother, he was also assaulted by spade. His mother and niece-Poonam and other villagers Suraj Bhan and Ashok Kumar rushed to rescue them and saved him, however his brother, on receiving injuries died instantaneously on the spot.

5. It is further stated that when his mother tried to rescue his brother then Brijesh wife of Manvir Singh also reached there, who pulled her by her hair and pushed her. Leaving his mother and other villagers near the dead body of his brother, he reached the police station and lodged an oral report, which was reduced in writing by Head-Moharrir Om Prakash Tyagi (P.W.-7) in presence of Investigating Officer (P.W.-6), who took over the investigation and recorded the statement of first informant Naresh and thereafter sent the victim Naresh to Khurja for medical examination.

6. The Investigating Officer thereafter alongwith other police personnel reached the place of incident where dead body of Yashpal was found lying near the culvert. The inquest was thereafter conducted on the person of the deceased by S.I. R.S. Chattori, who also prepared the inquest (Ex.Ka-7), challan-nash (Ex. Ka-8), photo-nash (Ex. Ka-9), letter to the C.M.O. for post-mortem (Ex. Ka-11) and letter to the R.I. (Ex.Ka-12) and sample seal. The site-plan (Ex.Ka-15) was also prepared by the Investigating Officer. The blood stained shirt and bellbottom taken from the dead body were sealed in a packet and thereafter dead body was sealed and dispatched for autopsy through constable Om Prak