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High Court Of Madhya Pradesh
S. K. DUBEY, V. K. AGRAWAL
MAN BHARAN SINGH - Appellant
Versus
STATE OF M.P. - Respondents
Criminal Appeal 1272 Of 1986
Decided On : 12/22/1995
CRIMINAL APPEAL - SECTION 302 IPC - FACT OF THE CASE: Deceased Lekhansingh and accused Man Bharan Singh were real brothers. Dispute over passage from fields led to assault by accused on deceased causing grievous injuries resulting in death. Accused claimed right of private defense of property and person. Prosecution examined eyewitnesses who saw accused assaulting deceased with a stick. Medical evidence confirmed injuries and cause of death. Accused's defense of private defense was disputed by prosecution due to disproportionate severity of injuries.
Finding of the Court:
Accused's conviction under Section 302 IPC for murder was set aside. Instead, the court found him guilty of culpable homicide not amounting to murder under Section 304 Part I IPC, considering the right of private defense and the nature of injuries inflicted.
Issues: 1. Whether the accused's actions constituted murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 Part I IPC. 2. Whether the accused's right of private defense justified the severity of injuries inflicted on the deceased.
Ratio Decidendi: 1. The court held that the accused's actions exceeded the right of private defense, resulting in the deceased's death. The injuries caused were disproportionately severe and not commensurate with the apprehension that could reasonably arise in the circumstances. 2. The court relied on Exception II of Section 300 IPC, which provides that culpable homicide is not murder if the offender, in the exercise of the right of private defense, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right.
Final Decision: The accused's conviction under Section 302 IPC was set aside, and he was instead convicted under Section 304 Part I IPC. He was sentenced to rigorous imprisonment for 10 years.
( 1 ) THIS is an appeal preferred u/s. 374 (2) of the Criminal Procedure Code by accused/appellant, who has been convicted u/s. 302 of the Indian Penal Code and sentenced to R. I. for life by judgement dated 30-10-1985 by Addl. Sessions Judge, Satna in S. T. No. 18 of 1986.
( 2 ) UNDISPUTABLY, the deceased Lekhan Singh and the accused/appellant Man Bharan Singh are real brothers. The prosecution case stated in brief is that there was a dispute between the accused/appellant Manbharan Singh and his brother deceased Lekhansingh over the passage from the fields. On 30-10-1985 at about 9. 00 A. M. in the morning, while the deceased Lekhansingh was going to his field, the accused/appellant came out from hiding and assaulted the deceased Lekhansingh with a stick. The deceased Lekhansingh sustained injuries on his head and other pats of his body and fell down. On the deceased shouting for help, attention of Sadhusingh (P. W. 6) and Ayodhya (P. W. 7) was drawn and they came on the spot. Seeing them, the accused/appellant ran away. Other person also came near the deceased and thereafter the deceased was taken to the Police Station.
( 3 ) AT the Police Station, Lekhansingh himselflodged the report on the same day, which was recorded in 'rojnamcha-Sanha' (Ex. P/13 ). The injured Lekhansingh was thereafter sent to the Asstt. Surgeon, Dr. A. V. Mishra, who on examination, as per his report (Ex. P/15) found the following injuries on deceased Lekhansingh :- (I) Lacerated wound in scalp frontal part near post suture of skull 2" x 1/2" 1/2 vertical in position; (II) Lacerated wound in scalp right parietal anteriorly 1" x 1/2 x 1/6" oblique in position. Irregular, not clear out, adjacent part swollen, bleeding fresh on cleaning the wound, blood clotting in and around the wound; (III) Visible swelling in face left side 1/2" lateral to lateral border of left eye brow 1" x 1" oblique in position, contusion, abrason, etc. absent; (IV) Lacerated wound in Antt. side of Rt. leg in Lower Part 1" x 1/2" x 21/2" vertical; (V) Lacerated wound in Dorsum of left thumb middle Phalanx 1/2" x 1/4" x 1/4" horizontal; (VI) Lacerated wound in Palmar side of Lt. Hand in the web between Lt. Thumb index finger 1" x 1/2" x 1/2" vertical; (VII) Lacerated wound in Palmar side of Lt. Thumb Proximal Phalanx 1/2" x 1/2" x 1/6" vertical; (VIII) Lacerated wound in Dorsum of Rt. Thumb middle Phalanx 1/2" x 1/2" x 1/6" oblique; (IX) Vigible swelling in Dorsum of Lt. Hand from base of Lt. Ringh and Little finger up to wrist joint 21/2" x 11/2"; vertical; (X) 3 contusions on the back; (XI) Contusion in chest Lt. side lower part 2" x 1/2"; Horizontal; (XII)CONTUSION in lateral side of Lt. Thigh Middle part 21/2" x 1/2" oblique; (XIII) Abrason in post side of Lt. forearm near elbow joint 11/2" x 1/2" vertical;as per the report (Ex. P/15), Injuries No. (i) No. (ii), No. (iv) and No. (ix) were grievous and rest of the injuries were simple in nature. The duration of injury was reported to be within 24 hours of the examination.
( 4 ) THEREAFTER F. I. R. (Ex. P/16) was recorded. Lekhansingh died of the said injuries on 31-10-1985 and after inquest report (Ex. P/7), the body was sent for post-mortem examination. Dr. K. K. Shukla (P. W. 12) conducted the post-mortem examination and as per post mortem report (Ex. P/18) found that all the bones on the left-side of the skull were fractured and there was also tearing of the brain membrane. Clotted blood on the left side between skull bones and membrane was found. Membranes and brain were congested. The doctor opined that the cause of death was 'coma' following fracture of multiple skull bones.
( 5 ) THE spot map (Ex. P/19) vas prepared. The blood-stained as also ordinary earth was seized from 'the spot, as per seizure memo (Ex. P/8 ). The clothes of the deceased were also seized, as per seizure memo (Ex. P/3) and bed-head ticket was seized as per seizure memo (Ex. P/4 ). Memorandum (Ex. P/5) of the accused/appellant under S
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