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2010 Supreme(MP) 1241
IN THE HIGH COURT OF MADHYA PRADESH
S.L. KOCHAR, PIYUSH MATHUR, JJ.
Subu S/O Annasingh - Appellant
Versus
State Of M.P. - Respondent
Cri. Appeal No. 1335 of 2000
Decided on : 09-02-2010
Advocate Appeared:
For the Appellant : Gopal Hardia
For the Respondent: Girish Desai
The central legal point established in the judgment is the interpretation of the intention and knowledge of the accused in causing fatal injury, and the consequences of using a deadly weapon for causing injury.
Headnote:
Intention - Murder - Indian Penal Code, Section 302, Section 299, Section 300, Section 304 (Part-2) - The court analyzed the scope of the application of the sections of the Indian Penal Code in relation to the intention and knowledge of the accused in causing fatal injury. The court referred to various Supreme Court judgments to interpret the distinct features of 'mens rea' with the element of intention and knowledge, and the consequences of using a deadly weapon for causing injury. The court concluded that the appellant was not having an intention of causing death of the deceased, and altered the conviction from section 302 to section 304 (Part-2) of the Indian Penal Code.
Fact of the Case:
The appellant was convicted under section 302, Indian Penal Code, for causing the death of the deceased by inflicting a fatal injury on his neck with a weapon during a festival celebration. The appellant appealed against the judgment.
Finding of the Court:
The court found that the appellant was guilty of committing the offence, but concluded that there was no intention to kill the deceased. The court altered the conviction from section 302 to section 304 (Part-2) of the Indian Penal Code and sentenced the appellant to undergo an imprisonment of 10 years.
Issues: The main issue was to determine the intention of the appellant in causing the fatal injury to the deceased and to analyze the application of the relevant sections of the Indian Penal Code in the given circumstances.
Ratio Decidendi: The court's decision was based on the interpretation of the intention and knowledge of the accused in causing the fatal injury, as well as the consequences of using a deadly weapon for causing injury. The court referred to various Supreme Court judgments to support its decision.
Final Decision: The appellant's appeal was partly allowed, and the conviction under section 302, Indian Penal Code, was altered to section 304 (Part-2) Indian Penal Code. The appellant was sentenced to undergo an imprisonment of 10 years without any modification in the amount of fine imposed by the trial Court. The appellant was ordered to be immediately released, in case he was not required for being detained in custody in connection with some other Criminal Case.
JUDGMENT :
PIYUSH MATHUR, J.
The appellant has preferred this Appeal on being aggrieved by the judgment passed by the First Additional Sessions Judge, Alirajpur, District Jhabua in Sessions Trial No. 456/1999 on Date 14-11-2000, whereby the appellant has been convicted under section 302, Indian Penal Code, for undergoing Life Imprisonment with a fine amount of Rs. 2,000/-.
2. The Prosecution has demonstrated that on Date 24-8-1999 at about 5 p.m. in the evening deceased Sukla, her mother Gendli Bai and sister Kali Bai were making preparations for celebrating the festival of 'Nawai' when accused Subu came into the house along with a large size Falia. The Prosecution story further demonstrate that accused appellant Subu invited Sukla for dinner but he refused on the ground that he had invited her sister for celebrating the festival, therefore he would not have dinner at his place, but the accused forcibly caught hold of his hand and dragged him out of the house. The family members of the deceased (Gendly Bai and Kali Bai) asked the appellant not to take Sukla but he took him out of the house and caused one fatal injury on the neck of the deceased Sukla, on account of which he fell down on the earth and died.
3. The First Information Report was lodged by PW-1 Kali Bai where she had narrated the entire story of causing injury by accused appellant on the neck of her brother Sukla. After completion of the investigation, the Challan was filed against the appellant and upon committal of the case to the Court of Sessions, the trial was conducted and upon the conclusion of the trial, the trial Court has found the appellant guilty of committing an offence of Murder and has sentenced him to undergo Life Imprisonment along with an amount of fine.
4. We have heard Shri Gopal Learned Counsel for the appellant and Shri Girish Desai Learned Deputy Advocate General for the respondent/State and have perused the record of the case.
5. A perusal of the statement of PW-1 Kali Bai demonstrate that she had gone to her brother's house for celebrating the festival of "Nawai" when the accused came into the house asked her brother to accompany him for having dinner at his place but her brother refused to go along with him on the ground that he had invited her sister Kali Bai for celebrating the festival. Kali Bai has further averred in her statements that in spite of a clear refusal to go along with the accused, he forcibly caught hold of his hand and dragged him out and the moment he took out Sukla from the house, he caused a severe blow on the neck of her brother with Falia, which caused a grievous injury on his neck, due to which he fell down on the earth and died. The Counsel for the defence had thoroughly cross-examined the witness, but except for bringing on record a story about the incorrect description of the recovery of Rs. 400 or Rs. 200, nothing could be proved except for this variation in the amount, but this variation no where dilutes the entire testimony of the witness, in relation to the main incident of causing injury to the deceased.
6. The other witness PW-3 Gendli Bai, who is the mother of the deceased has also narrated that the accused came to the house of the deceased along with a large sized Falia and asked him to go to his house and when he refused to accompany him the accused dragged him out, when her daughter Kali Bai also came out of the house and soon thereafter, she heard a loud voice (Shrieking sound) of Kali Bai when she came to know through her that accused appellant Subu had caused grievous hurt to Sukla by inflicting a blow of the reverse edge of Falia and has killed him. The testimony of this witness also remained unaffected during her cross-examination.
7. Dr. H. S. Kushwaha (PW-8) is a Medical Expert who had conducted the post-mortem examination of the deceased on Date 25-8-1999, where he found two abrasions and one Lacerated wound on the occipital region of the skull and opined that all the injuries found on the body of the d
