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2025 Supreme(MP) 351
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK AGARWAL & AVANINDRA KUMAR SINGH, JJ.
Babulal – Appellant
Versus
State Of Madhya Pradesh – Respondent
Criminal Appeal No. 5927 of 2017
Decided On : 04-0-7-2025
Advocate Appeared:
For the Appellant : Shri Paras Nath Das
For the Respondent: Shri Ajay Tamrakar
IMPORTANT POINT
The determination of culpability in homicide cases depends on the intent and circumstances rather than merely the number of injuries inflicted.
Headnote:
Penal Code 1860 -- Ss. 302 and 304 -- no principle that in all cases of single below, section 302 not attracted -- nature of injury, body part, weapon of crime and circumstances relevant factors to determine question regarding nature of offence -- instant matter not under any exception -- single injury caused with knife -- death due to excessive bleeding from wound -- all witnesses supported prosecution -- case not fit for conversion of offence. AIR 1999 SC 3338 followed. [Paras 9, 10, 13 & 14]
naM lafgrk] 1860 & èkkjk 302 rFkk 304 & ,slk d¨Ã fl)kar ugÈ fd ,dek= çgkj d¢ leLr ekey¨a esa èkkjk 302 vkdf"kZr ugÈ gksxh & vijkèk dh çÑfr ls lacafèkr ç'u dk voèkkj.k djus d¢ fy, {kfr dh çÑfr] 'kjhj dk vax] vijkèk dk gfFk;kj rFkk ifjfLFkfr;k¡ lqlaxr dkjd & orZeku ekeyk fdlh viokn d¢ vèkhu ugÈ vkrk & ,dek= çgkj pkdw ls dkfjr & Äko ls vR;fèkd jDrlzko d¢ dkj.k e`R;q & lHkh lk{khx.k us vfÒ;¨tui{k dk leFkZu fd;k & vijkèk d¢ laifjorZu d¢ fy, ekeyk mi;qä ugÈA ,vkbvkj 1999 ,llh 3338 vuqlfjrA ¼iSjk 9] 10] 13 ,oa 14½
| Table of Content |
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| 1. events leading to the homicide and initial reactions of witnesses. (Para 2) |
ORDER :
Per: Justice Vivek Agarwal This criminal appeal is filed being aggrieved of the judgment dated 22.09.2017 passed by learned Sessions Judge, District - Chhindwara in ST No.91/2015 whereby the trial Court convicted the appellant under Section 302 of the IPC for homicidal death of Jitendra and sentenced him to undergo RI for life (fine Rs.5,000/-) with a stipulation that in default of payment of fine to further undergo RI for 3 months.
2. The prosecution case in short is that deceased Jitendra was a property dealer. Jitendra, his family members and appellant Babulal were residents of the same locality and were known to each other. It has come on record that the incident took place on 24.01.2015 when complainant - Baburao was in his house along with his wife, daughter and his son - Jitendra, then doorbell had rung and Jitendra came out of his house. Allegation is that the appellant Babulal caused a stab wound in chest of Jitendra. On hearing cries of Jitendra, his father, mother and sister came out of their house then they saw that Babulal was running ahead and Jitendra was following him. Thereafter Jitendra had fallen in front of house of Rajkumar Patil where he was given first aid and taken to the hospital. He died because of excessive blood loss. It has also come on record, Jitendra was given first aid by Dr. Nirnay Pandey (PW-13), medical officer, Chhindwara and he had noted a wound measuring 3x2x2 cm caused by hard and sharp object. Jitendra died because of excessive blood loss. It is submitted that intimation was given by Dr. Nirnay Pandey to City Kotwali vide Ex. P-19 when merg No.15 was registered. It is also not in dispute that PW-14 (Dr. Narendra Hanote) had conducted postmortem and found that there was a wound measuring 2.5x2 cm with blood stains on the front of T-shirt.
3. Shri Parasnath Das submits that since it is a case of single blow as is admitted by postmortem Dr. Narenda Hanote (PW-14), conviction should be converted from one under Section 302 of the IPC to that under Section 304 of the IPC and his prayer is limited to this extent only.
4. Shri Ajay Tamrakar, learned public prosecutor submits that this case will not fall within any of the exceptions of Section 300 of the IPC and, therefore, there are no grounds to convert conviction from one under Section 302 of the IPC to Section 304 of the IPC .
5. After hearing learned counsel for the parties and going through the record, it is evident that PW-1 (Dasi Mandrah) states that Jitendra was son of his younger brother. The incident took place on 24.01.2015 at 09:00 PM. He was in his house. He had heard cries of Jitendra. He had fallen down in front of the house of Rajkumar Patil. Jitendra had informed that Babulal had stabbed on his chest. Rajkumar Patil bandaged his wound. When information was given by Jitendra and that time Rajkumar Patil and his wife were present.
6. PW-13 (Dr. Nirnay Pandey) who was posted as medical officer in District Hospital, Chhindwara categorically states that on examination he found an incise wound on righthand side of Jitendra's chest measuring 3x2x2 cm caused by hard and sharp object. Injury was caused within half an hour of examination.
7. PW-14 (Dr. Narendra Hanote) who conducted postmortem states that there was a cut on the T-shirt on front measuring 2.5x2 cm which was blood stained. Similarly, west below T-shirt which was of brown in colour, there was a hole measuring 0.2 x 2 cm. This west was also blood stained. The wound was on the right hand side of the chest 6 cm away from the right nipple and was 0.6x2.6x5 cm towards the sternum. His opinion was that death occurred because of excessive bleeding from the wound. This witness also stated that seized knife was sent for query report and he had given his opinion that injury could have been caused with the knife which was sent with the query report. He had seen the knife and sent it back to
