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IN THE HIGH COURT OF ALLAHABAD
SURESH KUMAR GUPTA, J.
Rati Pal Pasi – Appellant
Versus
State of U.P. – Respondent
Criminal Appeal No. 133 of 2006
Decided On : 19-04-2023
Criminal Appeal - Conviction under Section 304 (Part II) of I.P.C. - [IPC, Section 304] - The court found the appellant guilty of culpable homicide not amounting to murder and extended the benefit of probation under Section 4 of the Probation of Offenders Act, 1958.
Fact of the Case:
The appellant was convicted for causing the death of the deceased by a single blow with a lathi. The prosecution's case was based on oral and documentary evidence, including medical reports and witness testimonies.
Finding of the Court:
The court found the appellant guilty of culpable homicide not amounting to murder, considering the absence of premeditation or intention to commit murder. The court also considered the appellant's age, the nature of the incident, and the time elapsed since the offense.
Issues: The main issue was whether the appellant's actions amounted to murder or culpable homicide not amounting to murder, and whether the benefit of probation should be extended to the appellant.
Ratio Decidendi: The court applied Exception 4 of Section 300 IPC, which states that culpable homicide is not murder if committed without premeditation in a sudden fight in the heat of passion, and without acting in a cruel or unusual manner. The court also relied on precedents to extend the benefit of probation under Section 4 of the Probation of Offenders Act, 1958.
Final Decision: The appeal was confirmed on the point of conviction and partly allowed on the point of sentence. The appellant was directed to be released on probation under Section 4 of the U.P. First Offenders' Probation Act with stipulated conditions.
JUDGMENT :
SURESH KUMAR GUPTA, J.
1. This criminal appeal has been filed under Section 374 (2) Cr.P.C. against the judgment and order dated 19.1.2006 passed by Additional Sessions Judge/F.T.C. Vth, Sultanpur in Sessions Trial No. 13 of 2004 arising out of Case Crime No. 389 of 2003, U/s 323, 302, 504 IPC relating to Police Station-Kamrauli, District-Sultanpur, convicting and sentencing the appellant for the offence under Section-304 (Part II) of I.P.C. for five years rigorous imprisonment; under Section 323 IPC for three months rigorous imprisonment; and under Section 504 IPC for six months rigorous imprisonment.
2. The prosecution, in brief, is that on 2.11.2003 at around 08.22 pm, the complainant gave oral information with the allegations that his daughter Smt. Babli was married to the son of the accused Rati Pal. When the accused Rati Pal arrived at the house of the complainant for Bidai of Smt. Babli, the altercation started. Due to this, the accused Rati Pal started hurling abuses and beat the complainant Ujagar and his daughter Smt. Babli by means of danda, as a result of which they got injury. On the basis of oral information, the N.C.R. bearing No. 11/2003 was lodged on 2.11.2003 U/s 323, 504 IPC and majroobi letter was prepared in police station and the injured Ujagar and Babli were sent to the Community Health Centre, Jagdishpur for medical examination. Due to seriousness of injury, the injured Ujagar was referred for Lucknow Medical College for further treatment. When the complainant could not be admitted in medical college, then he was admitted in Nishat Hospital, Lalbagh, Lucknow where he had undergone treatment for six days. Thereafter he was discharged but he succumbed to death on the way to his house. Then a written information regarding death of the deceased Ujagar was given by his brother namely, Jagai at PS-Kamrauli. Thus, the aforesaid NCR was converted as case Crime No. 389 of 2003, U/s 323, 504, 304 IPC.
3. Investigation of the case was entrusted to the investigating officer. During course of investigation, the inquest report of the deceased as well as papers relating to the dead body was prepared. Thereafter the dead body of Ujagar was sent for post mortem. The post mortem of the deceased was conducted by Dr. Vijay Bahadur Singh on 12.11.2003.
4. The investigating officer after completing the entire investigation of the case submitted the charge-sheet against the accused-appellant on 23.11.2003. The case was committed to the court of sessions where it was registered as Sessions Trial No. 13 of 2004 and it was transferred to Additional Sessions Judge for trial.
5. The charges were framed against the accused-appellant U/s 323, 302, 504 IPC on 5.2.2004 and the same was read over the appellant in Hindi, but he denied the charges levelled against him and claimed to be tried.
6. In order to prove its case, the prosecution examined the following witnesses:
The main legal point established in the judgment is the application of Exception 4 of Section 300 IPC to determine culpable homicide not amounting to murder, and the extension of the benefit of proba....
Convictions under Section 304-A IPC may permit probation for first-time offenders, balancing justice and rehabilitation, especially in negligence-based cases lacking mens rea.
The main legal point established in the judgment is the consideration of the nature of the injury and the circumstances of the case in altering the conviction under Section 307 I.P.C. to Section 324/....
The court reclassified the conviction for culpable homicide not amounting to murder due to lack of intent, emphasizing knowledge of likely death suffices under IPC Section 304 (Part-II).
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