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2005 Supreme(MP) 502
IN THE HIGH COURT OF MADHYA PRADESH (INDORE BENCH)
S.L. Kochar and Ashok Kumar Tiwari, JJ.
Aalam Khan and another
Vs.
State of M.P.
Cri. Appeal Nos. 668 and 714 of 1997
Decided On: 12.04.2005
Advocate Appeared
For Appellant/Petitioner/Plaintiff: Jaisingh, Senior Counsel, Vikas Yadav for Appellant No. 1, Rajbir Singh for Appellant No. 2 in Cri. Appeal No. 714 of 1997 and R.K. Trivedi in Cri. Appeal No. 668 of 1997
For Respondents/Defendant:G.S. Chouhan, Government Advocate
The central legal point established in the judgment is the application of Exception 4 of section 300 of the Indian Penal Code, which considers the sudden nature of an incident without premeditation.
Headnote:
Indian Penal Code - Conviction and Sentence - Sections 302/34 and 323/34 - Summary
Fact of the Case:
The case involved the conviction and sentencing of the appellants under sections 302/34 and 323/34 of the Indian Penal Code for their involvement in an altercation resulting in the death of the deceased Mehboob.
Finding of the Court:
The court found that the incident, initially a simple altercation, was exaggerated to involve a mob of around 30 persons. The court acquitted six accused persons and altered the convictions of the remaining appellants based on the nature of injuries and the sudden nature of the incident.
Issues: The issues included the reliability of the prosecution's case, the credibility of the witnesses, and the nature of the injuries sustained by the deceased.
Ratio Decidendi: The court considered the sudden nature of the incident, the absence of premeditation, and the lack of evidence of a pre-meeting of mind, leading to the alteration of the appellants' convictions.
Final Decision: The court set aside the conviction of all the appellants under section 302/34, Indian Penal Code. Appellant Aalam Khan was convicted under section 304-1, Indian Penal Code, and sentenced to R.I. for 10 years. Appellants Mehmood Khan and Mehboob Khan were convicted under section 323 of Indian Penal Code and sentenced to R.I. for one year.
S.L. Kochar, J.
1. Both the aforesaid appeals have been filed against the same judgment of conviction and sentence, hence taken up together and dispose of by this common judgment.
2. These appeals have been directed by the appellants against the judgment of conviction and sentence passed by the learned I Addl. Sessions Judge, Shajapur in Sessions Trial No. 227/1995, dated 7-7-1997, thereby convicting the appellants under sections 302/34 and 323/34 of Indian Penal Code and sentencing each of the appellant to suffer R.I. for life and fine of Rs. 2000/- and three months R.I. with fine of Rs. 250/-, in default of payment of fine each of them were directed to undergo R.I. for one month. However, both the substantive sentences were directed to run concurrently.
3. Briefly stated the prosecution case against the appellants is that on 1-8-1995, in the morning at 9.00 a.m. deceased Mehboob, after receiving the information of accident of his father in Guna Town proceeded in a Jeep with complainant Bhuru Khan (PW.6) for Guna. While going to Guna, feeling necessity of money, they stayed on bus-stand at the hotel of Babu Sarpanch and demanded Rs. 5000/- which the deceased was owing from appellant Mehmood Khan S/o Wali Mohammed. On demand, appellant Mehmood started abusing deceased Mehboob, at that time other accused persons were also present with Mehmood. During altercation, it is said that appellant Aalam dealt a sword blow on the head of deceased Mehboob, appellant Mehmood caused knife injury on right hip and right thigh and appellant Mehboob Khan S/o Wali Khan also assaulted deceased by TOMI. Thereafter the acquitted co-accused persons, six in numbers and unknown 20-25 persons were also assaulted deceased jointly by lathi, kicks and fists. When Abdul Hakim (PW.2) intervened in the quarrel, he was also caused injury on his head by the accused persons. The incident was witnessed by Anwar, Abdul Wahid (PW.4), Akram Khan (PW.3). They also tried to save the deceased. F.I.R. was lodged by Bhuru Khan (PW.6) vide Ex.P.16 in P. S. Maksi recorded by S.H.O. Jagdish Chand Tiwari (PW.15). In the F.I.R. it is said that because of serious condition of Mehboob, he was taken to Indore for treatment. Bhuru Khan (PW.6) has also mentioned in the F.I.R. that the accused persons would have also assaulted him but spared him because he belong to their community.
4. Deceased Mehboob was immediately taken to the Primary Health Centre, Masksi along with Abdul Hakim (PW.2). They were examined by Dr. Sunil Kumar Soni (PW.1). Ex.P.1 is the MLC report of deceased Mehboob and P.2 is the report of Abdul Hakim (PW.2). Because of serious condition of deceased Mehboob, Dr. Soni immediately referred Mehboob for x-ray and further treatment with reference letter (Ex.P.3) to District Hospital, Ujjain. Jagdish Chandra Tiwari (PW. 15) prepared spot map (Ex.P.4). He also seized blood stained earth, controlled earth, blood stained paijama, one pair pump shoe and one pair chappal from the spot. Including appellants nine persons were arrested. The deceased Mehboob died in Ujjain hospital during treatment on the same day. Death was reported to Kotwali Police, Ujjain, who prepared inquest of the dead body (Ex.P.24) and sent the dead body with medical requisition form (Ex,P.25) for post-mortem. Autopsy was performed by Dr. Sunil Kumar Jamindar (PW.10). His report is Ex.P.22. After required investigation, charge-sheet was filed against nine accused persons before the Court below.
5. All the accused persons abjured their guilt. According to them, they were falsely implicated, therefore, they were put on trial. Prosecution has examined in all fifteen witnesses and got proved 28 documents whereas accused persons did not examine any witness in defence. The learned trial Court, after hearing both the parties, convicted the present appellants for the offences as mentioned hereinabove and acquitted rest of six accused persons, holding that they were simply present on spot prior to the time
