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2024 Supreme(All) 1141
IN THE HIGH COURT OF ALLAHABAD
RAJIV GUPTA, MOHD. AZHAR HUSAIN IDRISI, JJ.
Saleem alias Sambha – Appellant
Versus
State of Uttar Pradesh – Respondent
Criminal Appeal No. 3149 of 2004
Decided On : 05-08-2024
Advocate Appeared:
For the Appellant : Mohd. Naushad Siddiqui.
The court ruled that the appellant's actions constituted culpable homicide not amounting to murder under Section 304 Part II IPC, due to lack of intention to kill stemming from a trivial dispute.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 374(2) - Indian Penal Code, 1860 - Section 302 and Section 304 - Criminal appeal against conviction for murder - Conviction under Section 302 IPC altered to Section 304 Part II IPC due to lack of intention to kill - The incident arose from a trivial dispute over a debt of Rs. 50/- leading to a single fatal blow - The court emphasized that intention must be inferred from the circumstances of the case. (Paras 71, 72, 70)
(B) Evidence - Witness credibility - The court held that related witnesses are not inherently unreliable and their testimonies can be credible if corroborated by the circumstances of the case. (Paras 30, 31)
Facts of the case:
The appellant was convicted for the murder of Aziz, stemming from a dispute over a debt of Rs. 50/-. The incident occurred on 17.01.2001 when the appellant stabbed Aziz during an argument. The prosecution presented multiple eyewitnesses who corroborated the events leading to the stabbing. (Paras 1, 2, 4)
Findings of Court:
The court found that the prosecution proved its case beyond reasonable doubt, but the nature of the crime was not murder but culpable homicide not amounting to murder. (Paras 72, 71)
Issues: The main issues were whether the appellant had the intention to kill and whether the evidence supported a conviction for murder or a lesser charge. (Paras 70, 71)
Ratio Decidendi: The court ruled that the appellant's actions did not demonstrate the requisite intention for murder under Section 302 IPC, but rather constituted culpable homicide under Section 304 Part II IPC due to the trivial nature of the dispute and the single blow inflicted. (Paras 70, 71)
Result: The appeal was allowed in part, altering the conviction to Section 304 Part II IPC and sentencing the appellant to 10 years of rigorous imprisonment. (Paras 73, 74)
JUDGMENT :
MOHD. AZHAR HUSAIN IDRISI, J.
1. The instant criminal appeal, under Section 374 (2) Cr.P.C. emanates out of the judgment and order dated 18.5.2004, passed by Additional District & Sessions Judge, Fast Track Court No. 4, Kanpur Nagar, in Sessions Trial No. 178 of 2001, State Vs. Saleem alias Sambha, (Case Crime No. 11/2001, P.S. Ghatampur, Kanpur Nagar), whereby the learned trial court, convicted the accused/ appellant Saleem alias Sambha under Section 302 IPC and sentenced him for life imprisonment, with a fine of Rs. 3,000/-. In case of default, appellant was directed to undergo an additional imprisonment for a period of six months.
2. Bereft of unnecessary details, the prosecution case, as culled out from the First Information Report (FIR), undisputed facts and other material on record, is that the informant Lukman s/o Usman, R/o of Mohalla-Hafizpur, town-Ghatampur, police station-Ghatampur, District Kanpur Nagar, presented a tehrir (Ext Ka-1), on 17.01.2001 at about 12.45 p.m. in the police station Ghatampur, about the incident happened on 1701.2001 at about 11.30 a.m., scribing therein that his maternal uncle (Mama) Aziz and Saleem alias Sambha s/o Habib both R/o Mohalla Hafizpur, Town-Ghatampur, District-Kanpur Nagar, were engaged in the business of selling meat (gosht) some times separately and some times jointly with each other. Saleem alias Sambha alleged that Aziz owed Rs. 50/-to him but Aziz denied it. On 17.01.2001 at about 11.30 a.m., Saleem alias Sambha called Aziz from his house and had taken him to the house of Balia s/o Badkan to settle the account. The complainant Lukman, along-with Faheem s/o Late Saleem and Saeed s/o Majeed, followed them. Saleem alias Sambha and Aziz went inside the house of Balia and started talking about the disputed transactions, while the persons accompanying them, remained standing outside the door of Balia’s house. Both the parties were disputing over the accounts, meanwhile Saleem alias Sambha stabbed Aziz in his abdomen with a chhuri (dagger), with an intention to kill him. On hearing shrill and shriek, persons, standing outside, entered into the house of Balia and saw accused Saleem alias Sambha coming outside brandishing blood soaked dagger in his hand. He threatened them also. They chased Saleem alias Sambha, but he managed his escape good. Injured Aziz was taken to the government hospital at Ghatampur for treatment, where he succumbed to his injury.
3. On the basis of the aforesaid tehrir a case crime no. 11 of 2001 under Section 302 IPC was registered at Police Station Ghatampur, District Kanpur Dehat (now Kanpur Nagar) against Saleem alias Sambha. Entries were drawn in Kaimi G.D. (Ext. Ka-9) and the chik FIR (Ext. Ka-3) at about 12:45 on 17.01.2001. The investigation was entrusted to S.H.O. R.K. Sharma.
4. Thus, the investigation started rolling. I.O. reached at the place of occurrence and visited at C.H.C., Ghatampur along with police party, where corpse of the deceased Aziz was kept. S. I. Sarvesh Kumar launched inquest proceeding after nominating Mohd. Arif, Mohd. Rafiq, Mohd. Usman, Shahbaz Quresi and Devi Prasad the witnesses, on 17.11.2001 at about 12.45 pm. The panchan remarked that there is a blood plum injury on the left side of the chest near pelvis region. The panches opined that the cause of death is the injury inflicted upon deceased Aziz, nevertheless in order to ascertain the real cause of death, the postmortem may be conducted. S.I. Sarvesh Singh also subscribed the opinion of the panches. Therefore, he prepared a request letter to this effect to the CMO and send the wrapped and sealed corpse of Aziz through C-Brijnandan Singh and C-Rajesh Kumar, along with copy of inquest report (Ext. Ka-10), reference slip to CMO (Ext. Ka-11), Sample of seal (Ext. Ka-12), Challan lash (Ext. Ka-14), Letter to the R.I. (Ext. Ka-15) to Mortuary for autopsy. The postmortem of the deceased was conducted by Dr. M.K. Jain (PW5) on 18.01.2001 at 12.00 O’ clock.
5. On 17.01.2001
