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2012 Supreme(MP) 1264
IN THE HIGH COURT OF MADHYA PRADESH
Rakesh Saksena, T.K. Kaushal, JJ.
Pohap Singh – Petitioner
Versus
State Of M. P. – Respondent
Cri. Appeal No. 1146 of 2004
Decided On : 27-08-2012
Advocate Appeared:
For the Petitioner: H. S. Dubey
For the Respondent: Sanjay Gupta, S. C. Datt, Siddharth Datt, Umesh Pandey
The central legal point established in the judgment is the application of Exception 4 of section 300, IPC in determining the culpability of the appellants for assault and homicide.
Headnote:
IPC - Assault and Homicide - 148, 302/149, 323/149, 304 Part-I/149 - The court discussed the acts and sections referenced in the judgment, including the injuries sustained by the victims, the evidence of witnesses, and the application of Exception 4 of section 300, Indian Penal Code. The court set aside the conviction and sentence under section 302, IPC, and convicted the appellants under section 304 Part-I/149, IPC on two counts. The conviction and sentence under sections 148 and 323, IPC were affirmed.
Fact of the Case:
The appellants were convicted for assault and homicide after a quarrel between two families resulted in the deaths of two individuals and injuries to others. The appellants objected to the victims taking bullock carts through their field, leading to a physical altercation.
Finding of the Court:
The court found that the injuries sustained by the victims were homicidal in nature and that the appellants were involved in the altercation. The court also considered the presence and conduct of witnesses and the nature of the incident.
Issues: The issues included the nature of the injuries sustained, the presence and conduct of witnesses, and the application of Exception 4 of section 300, IPC.
Ratio Decidendi: The court considered the evidence of witnesses, the nature of the injuries, and the conduct of the parties involved to determine the culpability of the appellants. The court also applied Exception 4 of section 300, IPC to set aside the conviction under section 302, IPC.
Final Decision: The court set aside the conviction and sentence under section 302, IPC, and convicted the appellants under section 304 Part-I/149, IPC on two counts. The conviction and sentence under sections 148 and 323, IPC were affirmed.
JUDGMENT :
This appeal has been preferred against judgment dated 25-6-2004 passed by Additional Sessions Judge, Gadarwara, District Narsinghpur in S.T. No. 90/2003 convicting and sentencing appellants as follows:
Conviction Sentence U/s 148 IPC R.I. for one year and fine of Rs. 500/- each. U/s 302/149 IPC for committing murders of Tejram s/o Mansaram, aged 50 years and Mahendra s/o Ajab Singh,aged 20 years Rigorous Imprisonment for life on two counts and with fine of Rs. 1,000/- each. U/s 323/149 IPC for causing injuries to Phool Singh s/o Tejram (PW/2) and Durjan Singh s/o Ramratan (PW/3). Sentence of Rs. 300/- fine on two counts.
2. Facts of the case, in short, are that on 1.12.2002 at about 7:00 a.m. Mahendra (hereinafter referred to as 'deceased No. 1') and Tejram (hereinafter referred to as 'deceased No. 2') alongwith Phool Singh (PW/2) and Durjan Singh (PW/3) who were carrying husk in two bullock carts from the field of one Kubbada Maharaj reached near the field of the appellants. Appellants objected saying that they will not allow them to take bullock carts from their field. Deceased No. 2 insisted to let them go as there was a passage. Appellant No. 2 abused and started assaulting deceased No. 2 with Gadasi, as a result of which, deceased No. 2 fell on the ground and got unconscious. While deceased No. 1 and PW/2 and PW/3 tried to intervene, appellants caused injuries to them also. Appellant No. 3 was armed with farsa and appellant No. 4 was armed with Bhala and remaining appellants were armed with lathis; they jointly assaulted the deceased No. 1, deceased No. 2 and caused injuries to PW/2 and PW/3 also.
3. On hearing shrieks, Ajab Singh (PW/1), Shankar (PW/4) and Lokman and Paras reached at the spot. Appellants fled away from the place. Deceased No. 1 died at the spot and deceased No. 2 died on way to hospital. Ajab Singh (PW/1) reached at the Police Station, Gadarwara and lodged FIR Ex. P/1 pursuant to which a case at Crime No. 0/2002 was registered against the appellants. On the basis of it, at Police Station, Jaikheda, a case at Crime No. 238/2002 was registered against the appellants.
4. On 1-12-2002 dead body of deceased No. l was sent to Government Hospital Gadarwara, District Narsinghpur for post-mortem. Dr. V. P. Patel (PW-6) found following injuries :-
1. Contusion 1 cm X "½ cm on left side of forehead near hair margin; 2. Contusion "½ cm X "½ cm on left side of forehead 3 cm below to the injury No. 1; 3. Contusion “½cm X 1 cm on wrist joint of right hand on dorsal side; 4. Contusion 9 cm X 4 cm on right hand dorsal side; 5. Lacerated wound “½cm X "¼ cm X bone deep on middle finger of right hand having fracture of lower phalange; 6. Contusion 13 cm X 3 cm on right forearm having fracture of both bones on right forearm; 7. Lacerated wound 1.5 cm X “½cm X “½cm on thumb of right hand; 8. Contusion 1 cm X “½cm on left shoulder; 9. Contusion 5 cm X 1.5 cm on back side of left shoulder; 10. Bruise 6 cm X 2 cm on left side of the back; 11. Bruise 12 cm X 2 cm on left side of the back, 2 cm below to the injury No. 10; 12. Bruise 12 cm X 2cm just below to the injury No. 11; 13. Bruise 6 cm X 2 cm, 1.5 cm below to the injury No. 12; 14. Bruise 8 cm X 2 cm on right side of the back; 15. Bruise 8 cm X 2 cm just below injury No. 14; 16. Bruise 12 cm X 2cm on right side of the back; 17. Bruise 17 cm X 15 cm multiple injuries on middle of the back; 18. Bruise 10 cm X 2cm on left side of the back; 19. Bruise 19 cm X 2cm on left side of the back of dorsal side; 20. Abrasion "¼ cm "¼ cm X 8cm multiple in number; 21. Bruise 11 cm X 2 cm on left buttock; 22. Bruise 6 cm X 2 cm just below injury No. 21 on left buttock; 23. Bruise 8 cm X 10 cm on right buttock; 24. Bruise 16 cm X 2 cm on right thigh of parietal region; 25. Bruise 5 cm X 2 cm just below injury No. 24; 26. Abrasions 3 cm X 1 cm on right leg; 27. Bruise 8 cm X 2 cm on left buttock; 28. Bruise 7 cm X 2 cm on left thigh of posterior region; 29. Contusion 1.5 cm X “½cm on l
