Back
2008 Supreme(UK) 85
2008 N.C.C. 657
UTTARAKHAND HIGH COURT
Hon’ble Mr. Justice J.C.S. Rawat
Criminal Appeal No. 86 of 2002
NARI CHAND – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
Decided on : 29.02.2008
For the Appellant :Mr. S.K. Mandal, Advocate
For the Respondent: Mr. Harish Chandra Pujari, Addl. Government Adv.
Headnote:(A) F.I.R. — Delay of 19 hours in lodging — Effect of — Such delay found to be properly explained in F.I.R. itself as also in the evidence of the informant — Son of the informant having received serious knife injuries at the hands of accused and being in a critical condition so much so that be remained admitted in hospital for four months and ultimately died — Informant had to run from pillar to post, from one hospital to another hospital and ultimately to hospitals out of the State to save the life of his son — Delay caused in lodging the F.I.R. in such circumstances being natural and fully explained — Not significant. (Para 11)
(B) Cr.P.C., 1973, Sec. 161 — Statements of witnesses under — Delay of three months in recording — Effect of — Delayed examination of certain witnesses under section 161, Cr.P.C. would not be fatal to the prosecution case — If the explanation offered for delayed examination under the section is found to be plausible and acceptable the court should accept it and there would be no reason to interfere with the conclusion drawn therefrom — Explanation offered by the I.O. has to be tested on the touchstone of the credibility — Acceptance by court of explanation for delay in recording statements under Section 161 Cr.P.C. being found to be plausible — Justified. (Para 12)
(C) I.P.C., 1860, Sec. 307 — Offence under — Ingredients of — To constitute an offence under Section 307, I.P.C. ingredients which must be present are — (a) an intention of, or knowledge relating to, commission of murder; and — (b) the doing of an act towards it — For the purpose of attracting Section 307, I.P.C. what is material is the intention or the knowledge and not the consequence of the actual act done for the purpose of carrying out the intention — Section 307, I.P.C. clearly contemplates an act which is done with intention to cause death but which fails to bring about the intended consequence on account of intervening circumstances — Intention of the knowledge of the accused must be such as is necessary to constitute murder — In absence of such intention or knowledge which is necessary ingredient of Section 307, I.P.C., there can be no offence of attempt to murder. (Para 13)
(D) Intention — Gathering of — Circumstances for — Intention which is the state of mind cannot be proved by precise or direct evidence as a fact — Same can only be detected on inferred from other factors — Intention to cause death can be gathered generally from a combination of a few or several, among others, circumstances such as : — (i) Nature of weapon used; — (ii) Whether the weapon was carried by the accused or was picked from the spot ; — (iii) Whether the blow was aimed at a vital part of the body; — (iv) Whether there was any premeditation; — (v) Whether there was any prior enmity; — (vi) Whether the deceased was a stranger; — (vii) Whether accused has acted in a cruel and unusual manner, or — (viii) Whether the accused dealt a single blow or several blows. (Para 13)
(E) False Implication — Relatives and the witnesses having no cause, would not like to falsely implicate those persons who were innocent instead of real culprits. (Para 15)
¼v½ ,QdvkbZdvkjd & ds ntZ fd;s tkus esa 19 ?k.Vs dh nsjh & dk izHkko & bl nsjh dks Lo;a ,QdvkbZdvkjd o lwpukdrkZ dh lk{; esa mfpr :i ls Li"V fd;k tkuk & lwpukdrkZ ds iq= dks pkdw dh xaHkhj pksVsa vkbZ o og xaHkhj gkyr esa Fkk & lwpukdrkZ dks] iq= dh tku cpkus gsrq] b/kj ls m?kj] ,d vLirky ls nwljs vLirky o vUr esa jkT; ls ckgj ds vLirky ys tkuk iM+k vkSj ;gka rd fd pkj eghus vLirky esa jgk o e`R;q dks izkIr gqvk & bu ifjfLFkfr;ksa esa] ,QdvkbZdvkjd ds ntZ fd;s tkus esa vkbZ nsjh izkdfrd gS o iw.kZr;k Li"V gS & egRoiw.kZ ugha gSA ¼izLrj 11½
¼c½ n.M izfd;k lafgrk] 1973] /kkjk&161 & ds vUrxZr lkf{k;ksa ds c;ku & ds vfHkysf[kr fd;s tkus esa rhu ekg dh nsjh & dk izHkko & n.M izfd;k lafgrk dh èkkjk&161 ds vUrxZr dqN lkf{k;ksa ds nsj ls fd;s x;s ijh{k.k dk vfHk;kstu i{k ij ?kkrd izHkko ugha iM+sxk & ;fn nsjh dk dkj.k laHkkO; gS rFkk Lohdkjus ;ksX; gS rks U;k;ky; dks bls Lohdkj dj ysuk pkfg;s vkSj bl ij vk/kkfjr fu"d"kZ esa n[ky nsuk ukokftc gksxk & vkbZdvksd }kjk fn;s x;s Li"Vhdj.k dks fo'oluh;rk dh dlkSVh ij dluk vko';d gS & n.M izfd;k lafgrk dh /kkjk&161 ds vUrxZr c;ku dks ntZ djus esa nsjh ds Li"Vhdj.k dks] U;k;ky; }kjk Lohdkj fd;k tkuk laHkkO; ik;k x;k & U;k;ksfpr gSA
¼izLrj 12½
¼l½ Hkkjrh; n.M lafgrk] 1860] /kkjk&307 & ds vUrxZr vijk/k & ds rRo & Hkkjrh; n.M lafgrk dh /kkjk&307 esa vijk/k cuus gsrq tks vko';d rRo gSa] os gSa & (a) e`R;qdkfjr djus dk vk'k; ;k Kku o (b) bl izfd;k esa fdlh dR; dk fd;k tkuk & /kkjk&307 dks vkd"V djus gsrq tks vko';d gS] og gS vk'k; ;k Kku] vk'k; dks iw.kZ djus gsrq fd;s x;s okLrfod dR; dk ifj.kke ugha & /kkjk&307 Li"V :i ls crkrh gS fd og dR; tks e`R;q dkfjr djus ds vk'k; ls fd;k gS fdUrq chp dh ifjfLFkfr;ksa ds dkj.k] vk'kf;r ifj.kke nsus esa vleFkZ jgrk gS & vfHk;qDr dk vk'k; ;k Kku ,slk gks tks gR;k dk ekeyk cukus gsrq vko';d gS & ,sls vk'k; ;k Kku ds vHkko esa] tks fd 307 dk vko';d rRo gS] gR;k ds iz;kl dk vijk/k ugha gks ldrkA
¼izLrj 13½
¼n½ vk'k; & dk vuqeku yxkuk & gsrq ifjfLFkfr;k¡ & vk'k; dks] tks fd ,d ekufld fLFkfr gS] lVhd ;k izR;{k lk{; }kjk] ,d rF; ds :i esa lkfcr ugha fd;k tk ldrk & bldk vU; rF;ksa ls flQZ vuqeku yxk;k tk ldrk gS & e`R;q dkfjr djus ds vk'k; dk] lkekU;r% dqN ;k vusd rF;ksa ds] vU; rF;ksa ds e/;] dkfEcus'ku ls irk yxk;k tk ldrk gS tSls & (i) iz;qDr gfFk;kj dh izdfr & (ii) gfFk;kj vfHk;qDr }kjk ys tk;k x;k Fkk ;k ?kVuk LFky ls gh fy;k x;k & (iii) D;k okj 'kjhj ds uktqd fgLls ij fd;k x;k Fkk & (iv) D;k iwoZ lksp fopkj fd;k x;k Fkk & (v) D;k dksbZ iwoZ jaft'k Fkh & (vi) D;k e`rd vtuch Fkk & (7) D;k vfHk;qDr us funZ; o vlkekU; rjhds ls dk;Z fd;k & (8) vfHk;qDr us ,d okj fd;k ;k vusdA ¼izLrj 13½
¼;½ >wBk Qalk;k tkuk & fj'rsnkjksa o xokgksa ds ikl dksbZ dkj.k ugha gS] os okLrfod vijkf/k;ksa ds ctk; funksZ"k O;fDr;ksa dks Qalkuk ugha pkgsaxsA ¼izLrj 15½
Hon’ble J.C.S. Rawat, J.
The present appeal has been preferred against the judgment and order dated 5.4.2002 passed by the then First Addl. Sessions Judge, Udham Singh Nagar in ST No. 106 of 2000, State Vs. Narichand whereby the learned Sessions Judge has convicted the appellant under Section 307 I.P.C. and sentenced the appellant to serve rigorous imprisonment of seven years and a fine of rupees five thousand. In case the fine was not deposited by the appellant, he would have to further undergo for a period of six months in view of non-payment of the fine.
2. The brief facts for the disposal of the appeal are that the complainant Chetram was residing in village Pahenia and he had a neighbour named Bhanuchand who was residing adjacent to the house of the complainant. The appellant Narichand had also been residing with Bhanuchand for the last 5 to 6 years. Narichand used to visit the house of the complainant Chetram. On 10.7.1999 at about 4 pm., Chetram and his son Rameshchand were going to make purchase from the nearby shop. The appellant met them on the way and started hurling abuses upon Rameshchand, the son of Chetram. When the scuffle was going on, the appellant Narichand took out a knife from his pocket and assaulted Rameshchand on different parts of the body with the intention to kill him. Consequently, he sustained multiple injuries on his person and fell down on the ground. The father of injured Rameshchand tried to intervene in the matter and at the same time, he shouted for help. Baljit Singh PW4 and Bhuwanchand reached at the spot and tried to catch hold of the appellant Narichand but they failed to do so. Immediately, thereafter, Rameshchand was taken to the Civil Hospital, Khatima where he was medically examined by the doctor. Looking to his serious condition, he was referred to Pilibhit Hospital on the same day. After admitting in the Pilibhit hospital, the doctors advised him to take to some other place for better treatment. Thereafter, the complainant took his son Rameshchand to Khatima in a Nursing Home and after admitting him in the Nursing Home, he went to the police station on 11.7.1999 and lodged a report at about 9.30 am in the police station. Thereafter, the matter was investigated and a chargesheet was submitted before the court concerned.
3. The accused was charged under Section 307 I.P.C. He denied the charge levelled against him and claimed for trial.
4. The prosecution in support of its case adduced the evidence of Chetram PW1. He is the father of the injured Rameshchand who was accompanying the injured to the shop at the time of the incident. He is the eyewitness of the incident. Baljit Singh PW4 is also the eyewitness of the incident. At the time of incident, he was working in the field. After hearing the shouting of Chetram PW1, he reached at the spot. Dr. D.S. Negi PW2 is the medical officer in Khatima on the relevant date. He medically examined the injured Ramesh Chand. Constable Balkrishna PW3 is a formal witness who has lodged the F.I.R. in the Police Station. B.R. Dewakar PW5 is the Investigating Officer of this case.
5. The accused-appellant was examined u/s 313 Cr.P.C. and he has pleaded not guilty to the offence. He has further stated that he has been falsely implicated in this case.
6. The learned Addl. Sessions Judge, after appreciation of the evidence and hearing the parties convicted the appellant and sentenced him as indicated above.
7. I have heard the learned counsel for the parties and perused the record.
8. At the outset, it is to be mentioned here that it is not disputed that the injured sustained the injuries on 10.7.1999 at about 4 pm. It is not disputed that on the date of occurrence, the injured did not suffer any injury. According to Dr. D.S. Negi PW2, the following injuries were found on his person on 10.7.1999 at about 5.15 pm :
(i) Stab wound 2 cm x 0.5 cm on left side of the back about 5 cm below inferior end of scapula, muscle deep, fresh bleeding present, mar
