State of Himachal Pradesh vs Gaurav Sharma - 2026 Supreme(Online)(HP) 1847

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2026 Supreme(Online)(HP) 1847

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Sandeep Sharma, J
State of Himachal Pradesh – Appellant
Versus
Gaurav Sharma – Respondent
Criminal Appeal No. 317 of 2011

Important Points

To attract Section 270 IPC, the prosecution must prove that the act was done 'malignantly' with the knowledge or reason to believe it is likely to spread an infectious disease dangerous to life; mere unauthorized burial of a dead animal does not suffice.

Subject

Criminal Law - Public Health

Act Referred

Code of Criminal Procedure: S.378 (3), S.313
Indian Penal Code: S.270, S.447

Headnote

The case involves the interpretation of Section 270 of the Indian Penal Code (IPC) regarding the burial of a dead cow on the complainant's land near a religious platform. The prosecution alleged that the accused malignantly buried the carcass, which was likely to cause an infectious disease dangerous to life. The trial court acquitted the accused under Section 270 IPC but convicted him under Section 447 IPC for criminal trespass. The primary issue is whether the act of burying a dead animal in an open field, without the owner's permission, constitutes a malignant act with the knowledge or reason to believe it would spread a dangerous infection. The court reasoned that for a conviction under Section 270 IPC, the prosecution must prove malignant intent and a likelihood of spreading disease. It was noted that there was no evidence of water contamination, no reports of foul smell from residents, and the pit was properly covered with earth and leaves, negating the element of malignancy. Present criminal appeal fails and dismissed, accordingly.

Advocates:
For the Appellants/Petitioners: Rajan Kahol, Vishal Panwar, Ravi Chauhan, Anish Banstu
For the Respondents: Ajay Sharma

Table of Content
1. summary of facts and trial court's decision regarding charges under section 270 and 447 ipc. (Para 1 , 2 , 3 , 4 , 5)
2. arguments regarding the existence of malignant intent and the actual risk of spreading infectious disease. (Para 6 , 7)
3. analysis of the essential ingredients of section 270 ipc and the failure of prosecution to prove malignancy. (Para 8 , 9 , 10 , 11 , 12 , 13)
4. upholding the acquittal under section 270 ipc and dismissal of the appeal. (Para 14)

Sandeep Sharma, J. (Oral)

h Instant appeal filed under Section 378 (3) of the Code gof Criminal Procedure, lays challenge to the judgment dated 05.05.2011 passed by the learned Judicial Magistrate First Class, Jubbal, District Shimla, HP in IPC Challan No. 8/2 of 2010, whereby respondent/accused (herein after referred to as ‘accused’) has been acquitted of the offence punishable under Section 270 IPC.

2. In nutshell, case of the prosecution is that on 01.06.2009, complainant PW-5 Padam Dutt lodged a complaint at Police Station, Jubbal, stating therein that they are having their Malkiti/ownership land at Mandol Chak Sarana, where they have erected Nallu and Chabutra (raised platform) for offering wat.er to their ancestors. Complainant stated that on 31.05.2009 at about 9:00 am, PW-4 Ramesh Sharma, Pradhan Gram Panchayat Badal, telephonically informed him that on 30.05.2009, at 9:30 pm, he saw accused Gaurav son of Sh. Bhawani fDutt burying something just behind aforesaid Nallu. Complainant after having received the aforesaid information vistited the spot along with Madan Sharma on 31.05.2009 at about 9:00 am and saw fresh dug-earth just behind the Nallu. Complainant having noticed leaves spread over the fresh dug-earth, went to the house of Bhawani Dutt, where accused Gaurav and his mother Anita met them. On inquiry, accused Gaurav apprised the complainant that his cow had died last night and he had buried dead body of his cow behind the said Nallu after digging a pit. After being asked by H complainant and Madan Lal Sharma that why he had not buried his cow in his own land, allegedly accused Gaurav became infuriated and started abusing them. Complainant named above alleged that Gaurav knowingly buried his dead cow in the land, near the place, where they had constructed a Nallu for offering the water to his ancestors. Complainant alleged that accused malignantly buried dead cow in their land knowingly or having reasons to believe that it is likely to cause infectious disease, which would be dangerous to life.

3. On the basis of aforesaid complaint, police lodged FIR Ex.PW5/A and conducted investigation. After completion of investigation, police presented challan in the Competent Court of Law, which after having found prima ffacie case against the accused, charged him under Sections 270 & 447 of IPC, in which he pleaded not guilty and claimed trial. Prosecution with a view to prove its case examined as many as 14 witnesses, whereas, accused in his statement recorded under Section 313 Cr.PC, denied the case of prosecution in toto but despite having afforded opportunities failed to lead evidence in his defence.

4. Learned trial Court on the basis of evidence adduced on record, acquitted the accused for his having committed offence punishable under section 270 of IPC whereas, convicted him under H Section 447 of IPC and sentenced him to undergo simple imprisonment for three months and pay fine of Rs.500.

5. Being aggrieved and dissatisfied with the aforesaid judgment of conviction and order of sentence awarded by the learned trial Court under Section 447 of IPC, accused preferred appeal in the court of learned Additional Sessions Judge, Rohru, which is pending adjudication. However, it has been informed that matter qua offence under Section 447 IPC stands compounded.

Instant appeal has been filed by the State qua the acquittal o.f the accused U/S 270 of IPC.

6. Precisely, the grouse of the appellant/State as has been highlight