The court held that when a death occurs from a single blow in the heat of passion during a sudden quarrel, it may be classified under Section 304 IPC instead of Section 302 IPC.

JUDGMENT :

Chandra Dhari Singh, J.

1. This Criminal appeal has been filed against the judgement and order dated 25.02.2017 passed by the Additional Sessions Judge, Court No. 3, Mathura in ST No. 24 of 2013, under Section 302, 307 IPC, police station Goverdhan, district Mathura whereby the learned Judge convicted and sentenced the appellant to life imprisonment and a fine of Rs. 5,000/- under Section 302 IPC and in default of payment of fine, the appellant was further directed to undergo additional simple imprisonment of two years. He was further convicted and sentenced to one year simple imprisonment and a fine of Rs. 1000/- under Section 323 IPC and in default of payment of fine, he was to undergo one month’s additional imprisonment.

2. However, both the sentences were directed to run concurrently.

Brief Facts

3. In short compass, the facts of the case are that a written report was given by Krishna Das, son of Madhusudan, resident of Barsana, district Barsana, district Mathura (hereinafter referred to as the “first informant”) to the Station House Officer, police station Goverdhan that there is a hand pump in the house of his sister Meera. Jagannath, disciple of Anant Das, was filling water from that hand pump, due to which it has become muddy. On the objection of her sister as to why he has got the hand pump muddy, he started abusing her. When Ashok Pal, who was working in the house of Arvind Haldhar, tried to intervene in the matter, accused with an intention to kill, inflicted knife blow on Ashok Pal on his chest. He also assaulted the first informant with an intention to kill, on his hand. After the assault, accused fled away along with his disciple. Ashok Pal was taken to the hospital, where doctor declared him dead. This incident occurred at 10.00 hours on 09.08.2012.

4. On the basis of the aforesaid report, a Chik FIR was registered at Case Crime No. 469 of 2012, under Section 302 and 307 IPC, police station, Goverdhan, which was entered in the GD vide report No. 29 at 11:00 AM.

5. After the registration of the FIR, SI D.L. Pal, who was present at the police station, rushed to the spot and conducted inquest on the body of the deceased and prepared papers relating to postmortem examination. He also handed over the cadaver of the deceased to Constable Pushpal Singh and Constable Asharam for getting postmortem examination done.

6. PW-4, Dr. Sanjeev Gupta, conducted autopsy on the cadaver of the deceased and found the following injuries:

1. Incised wound of size 2 cm x 1 cm cavity deep just below the left nipple, oblique ward lower end in 5 cm from the mid line of chest, upper end in 6 cm from the mid line of chest.

2. An incised wound of size 3 cm x 1 cm skin deep 2 cm anterior to left side of chest.

In the opinion of the doctor, the cause of death was shock and haemorrhage as a result of ante-mortem injuries.

7. Injured Krishna Das was taken to Primary Health Centre by Constable 2192, Tehsildar Singh, where he was examined by PW-7, Dr. Rajendra Singhal, Medical Superintendent, who found the following injuries on the person of injured Krishna Das:

“Incised wound 1 cm x 2 cm x 3 cm deep on left side of hand.”

In the opinion of the doctor, the injury was simple in nature and was caused by some sharp edged weapon.

8. Investigation of the case was taken up by PW-6, Raghvendra Singh, who was posted as Station House Officer, Goverdan. He inspected the spot and prepared site plan. After the arrest of the accused he recovered knife which was used in the commission of the crime on the pointing out of the accused. He also collecte