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2007 (1) U.D., 135
High Court of Uttaranchal
Hon'ble Prafulla C. Pant, J.
Dr. (Major) Ramesh. ................. Appellant
Versus
The State. .........................Respondent
Criminal Appeal No.1228 of 2001,
Decided on : 18-11-2006.
Criminal Appeal - Conviction under Section 307 IPC - Cr.P.C. - I.P.C. - [Section 307, Section 34 IPC, Section 308 IPC] - The court discussed the evidence, including medical reports and witness testimonies, to determine the nature of the offense committed by the accused. It highlighted the burden of proof on the accused in claiming self-defense and the excessive use of force in the act. The court acquitted the other accused persons based on lack of evidence of common intention and prior meeting of minds with the appellant. The judgment set aside the conviction under Section 307 IPC and convicted the appellant under Section 308 IPC, sentencing him to rigorous imprisonment for one year.
Fact of the Case:
The appellant, Dr. (Major) Ramesh, was convicted under Section 307 IPC for firing shots at the injured, Kishan Singh, following a quarrel. The medical evidence and witness testimonies corroborated the prosecution's story.
Finding of the Court:
The court found that the appellant had exceeded the right of self-defense by firing shots, leading to the offense punishable under Section 308 IPC. The court acquitted the other accused persons due to lack of evidence of common intention and prior meeting of minds with the appellant.
Issues: The issues revolved around the nature of the offense committed by the appellant, the burden of proof in claiming self-defense, and the involvement of the other accused persons.
Ratio Decidendi: The burden of proof in claiming self-defense lies with the accused. Excessive use of force in self-defense can lead to a conviction under a lesser offense. Lack of evidence of common intention and prior meeting of minds with the appellant led to the acquittal of the other accused persons.
Final Decision: The judgment set aside the conviction under Section 307 IPC and convicted the appellant under Section 308 IPC, sentencing him to rigorous imprisonment for one year.
2. Heard learned counsel for the parties and perused the entire record.
3. Prosecution story, in brief, is that P.W.1 Mohan Singh is real brother of injured Kishan Singh (P.W. 2). Suman Lata (D.W. 2) is sister of Mohan Singh and Kishan. Singh. All the three are residents of Dehradun Road, Rishikesh. Accused / appellant Dr. (Major) Ramesh had friendly relations earlier with father of the above three, but later, it is alleged by prosecution that Dr. (Major) Ramesh developed illicit relations with Suman Lata. This soured relations between Mohan Singh and Kishan Singh, on one hand, and Dr. (Major) Ramesh, on the other. On 23-04-1986, at about 10:30 P.M., when Mohan Singh and Kishan Singh were returning from one Saklani Ji's house, Dr. (Major) Ramesh (appellant) and histhree associates namely, Sanjay Sharma, Ajay Kumar and Mahesh Srivastava, met the two brothers and started hurling abuses at them. In the quarrel Dr. (Major) Ramesh took out his revolver and fired twice at Kishan Singh. Consequently, Kishan Singh got injured. However, one shot missed the target. P.W.1 Mohan Singh lodged the First Information Report (Ext. A -1) with police station Rishikesh, at about 11:10 P.M., and took the injured to Doon Hospital, Dehradun, for treatment. A crime No. 117 of 1986 was registered at the police station Rishikesh, against the accused Dr. (Major) Ramesh and three others, relating to offences punishable under Section 307/326 read with Section 34 of IPC. After interrogation of the witnesses, and collecting evidence, a charge sheet was filed by the Investigating Officer against the accused persons, namely Dr. (Major) Ramesh (appellant), Sanjay Sharma, Ajay Kumar and Mahesh Srivastava, relating to offences punishable under Section 307/326 read with Section 34 of IPC.
4. It appears, that the Magistrate on receipt of the charge sheet, after giving necessary copies to the accused persons, as required under Section 207 of Cr.P.C., committed the case to the court of Sessions, for trial. The sessions trial appears to have been transferred to the court of 151 Additional Sessions Judge, Dehradun. After hearing the prosecution and the defence, a charge of offence punishable under Section 307 of I.P.C. was framed against the accused / appellant Dr. (Major) Ramesh, and a charge of offence punishable under Section 307 read with Section 34 of I.PC. was framed against rest of the accused, namely Sanjay Sharma, Ajay Kumar and Mahesh Srivastava. All the accused pleaded not guilty and claimed to be tried. On this prosecution got examined PW.1 Mohan Singh (complainant); PW. 2 Kishan Singh (injured); P.W. 3 Mohan Singh Raka (scribe of the report); PW. 4 Pramod Kumar (eyewitness); P.W. 5 Dr. S.S. Chauhan (who medically examined injured Kishan Singh) and P.W.6 Sub Inspector Babu Ram Yadav (Investigating Officer). The oral and documentary evidence was put to the accused by the trial court, in reply to which the accused / appellant Dr. (Major) Ramesh alleged the same to be false, but admitted that he did fire shots from his revolver, in self-defence. On being given opportunity, defence got examined D.W.1 Gurbux Singh, real uncle of complainant and injured, and D.W. 2 Suman lata, real sister of the two. The trial court, after hearing the parties found that the charge of offence punishable under Section 307 of
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