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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Vivek Rusia, Amar Nath (Kesharwani), JJ.
Chatrapal Singh – Appellant
Versus
The State of Madhya Pradesh – Respondent
Criminal Appeal No. 209 of 2002
Decided On : 22-11-2022
Criminal Appeals - Conviction under Sections 148, 323/149, 324/149, and 302 of the Indian Penal Code - [Section 374 of the Code of Criminal Procedure, 1973] - [Sections 148, 323, 324, 302, 34, and 149 of the Indian Penal Code] - The court confirmed the findings of the trial court regarding the date of the incident, the cause of death, and the injuries sustained. It held that the conviction under Sections 148 and 149 of the IPC was unsustainable due to lack of evidence of the presence of other accused persons, and reduced the sentences of the appellants under Sections 323 and 324 of the IPC.
Fact of the Case:
The appellants were convicted for various offences under the Indian Penal Code related to a violent incident resulting in injuries and death. The trial court found the accused guilty and sentenced them, leading to the filing of criminal appeals.
Finding of the Court:
The court confirmed the findings of the trial court regarding the date of the incident, the cause of death, and the injuries sustained. It held that the conviction under Sections 148 and 149 of the IPC was unsustainable due to lack of evidence of the presence of other accused persons, and reduced the sentences of the appellants under Sections 323 and 324 of the IPC.
Issues: The issues revolved around the conviction of the appellants under various sections of the Indian Penal Code, the presence of the accused at the scene, and the nature of the injuries sustained.
Ratio Decidendi: The court found that the conviction under Sections 148 and 149 of the IPC was unsustainable due to lack of evidence of the presence of other accused persons, and reduced the sentences of the appellants under Sections 323 and 324 of the IPC.
Final Decision: The court acquitted all the appellants under sections 148 and 149 of the IPC, convicted Ranjeet Singh under section 302 of the IPC, and reduced the sentences of the other appellants under sections 323 and 324 of the IPC.
JUDGMENT
1. Regard being had to the similitude of the offence, with the joint request of the parties, these appeals are finally heard and being decided by this common judgment.
These Criminal Appeals are filed under Section 374 of the Code of Criminal Procedure, 1973 against the common judgment of conviction and sentence dated 25.01.2002 passed by the VII Additional Sessions Judge (Fastrac), Ujjain in Sessions Trial No.221/2015.
2. Appellant - Chhatrapal Singh @ Rusia (Cr.A. No.209 of 2002) has been convicted for the offences punishable under Sections 148, 323/149 and 324/149 of the Indian Penal Code and sentenced to under to 02 years rigorous imprisonment along with fine of Rs.200/-, 06 months' rigorous imprisonment along with fine of Rs.200/- and 02 years rigorous imprisonment along with fine of Rs.300/- respectively with default stipulation.
3. Appellant - Pappu @ Shambhu Singh (Cr.A. No.2016 of 2002) has been convicted for the offences punishable under Sections 323/149 & 149 of the IPC and sentenced to undergo 06 months rigorous imprisonment along with a fine of Rs.200/- and 02 years rigorous imprisonment along with fine of Rs.300/- with default stipulation.
4. Appellant - Ranjeet Singh @ Rana (Cr.A. No.252 of 2002) has been convicted for the offences punishable under Sections 148 & 302 of the Indian Penal Code and sentenced to undergo 02 years' rigorous imprisonment along with a fine of Rs.200/- and Life Imprisonment along with fine of Rs.1,000/- with default stipulation.
5. As per the prosecution story, on 17.03.1995 at about 7:00 pm, the appellant - Chhatrapal Singh @ Rusia tried to molest Sunita (niece of Gopal). Shankarlal (brother of Gopal) cautioned Chhatrapal not to involve into these activities. The matter ended at 9:30 pm, but on the same day Chhatrapal came back with his brotherd Ranjeet Singh and Virendra Singh. Chhatrapal and Ranjeet were armed with swords and Virendra was having farsi in his hand. They started assaulting Shankarlal near the Gumti of Laxminarayan. Upon shouting Motilal, Mangilal and Laxminarayan came there and the appellants ran away from the spot . Driver - Vikram Singh, Mangilal, Laxminarayan, Motilal and Gopal took Shankar in the jeep to the Police Station for lodging the FIR. When they reached near nala, then Bheem Singh, Ranjeet Singh, Chhatrapal Singh, Rajendra Singh were wielding swords, Virendra Singh was carrying farsi and Arjun Singh, Gopal Singh, Pappu, Padam Singh, Omkar Singh, Bhanwar Singh and Babu Singh were armed with lathi came there and stopped the Jeep. They all, with an intention to kill, attacked the persons named above sitting in the jeep. Ranjeet Singh caused injuries to Mangilal, who started bleeding and became unconscious. Chhatrapal Singh caused injuries to Motilal and others have caused injuries by means of lathi and farsi. They damaged the jeep and pushed it into the nala and ran away from the spot. Shankarlal and Mangilal were taken to the hospital by Gopal and others, where Mangilal was declared dead. Accordingly, an F.I.R. was registered against as many as 12 accused persons in Crime No.5/1995. Statements of witnesses were recorded under Section 161 of the Cr.P.C.
6. I.O. Sohanpal Singh Choudhary (P.W-20) reached the spot on 18.03.1995 and prepared a spot map, collected blood stained soil and seized the jeep and also prepared a Nuksani Panchnama. The injured were sent to the hospital and MLC report was obtained. The dead body of Mangilal was sent for autopsy, from where the report (Ex-P/5) was received. Photographs were taken by Iqbal (photographer). On 20.03.1995, Nazri Naksa (Ex-P/30) was prepared. Omkar and Bheem Singh were also arrested and on their disclosure arms were recovered. Seized articles were sent to the Forensic Science Laboratory vide letter (Ex-P/66) and the report was received vide Ex-P/67. Upon completion of the investigation, charge-sheet was filed and charges under Section 302, 148, 323, 324 r/w section 149 of the IPC were framed against Ranjeet Sing
The main legal point established in the judgment is the requirement of evidence to establish the presence of accused persons for conviction under Sections 148 and 149 of the IPC.
Identity of persons comprising assembly is a matter relating to determination of guilt of individual accused.
The court emphasized the importance of considering the nature of injuries, the degree of criminality, and mitigating factors in determining an appropriate sentence.
The judgment establishes that for a conviction under Section 302 IPC, there must be clear evidence of intent and direct involvement in the act leading to death, and that joint liability under Section....
The court established that actions taken in the heat of passion without premeditation can lead to a conviction for culpable homicide rather than murder.
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