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2025 Supreme(Online)(MP) 2324
HIGH COURT OF MADHYA PRADESH
ATUL SREEDHARAN, DEVNARAYAN MISHRA, JJ
RAJJU SHARMA AND OTHERS – Appellant
Versus
THE STATE OF MADHYA PRADESH – Respondent
CRIMINAL APPEAL No. 5728 of 2021
For the Appellants/Petitioners: Shri Siddharth Datt
For the Respondents: Ms. Shweta Yadav
The court clarified that the absence of premeditation in a violent encounter can lead to a conviction under a lesser charge, distinguishing between individual liability among co-accused.
Headnote:(A) Indian Penal Code - Sections 302, 304, 450 - Conviction for murder - Appellants convicted for life imprisonment under Sections 450 and 302 IPC by trial court - Evidence of sole eyewitness reliable, but incident deemed to fall under exception 4 of Section 300 IPC - Conviction of one appellant reduced to Section 304 Part II due to lack of premeditation. (Paras 6, 9, 12)
(B) Criminal Law - Premeditation and individual liability - Court held that absence of premeditation and the nature of the fight must be considered for individual liability, leading to a reduction in charges for some appellants. (Paras 6, 9)
Facts of the case:
Appellants assaulted complainant's family during a wedding invitation refusal, leading to the death of Uma Shankar. Initial charges included IPC Sections 452, 323, and 294, later amended to include Section 302 after the victim's death. (Paras 2, 3)
Findings of Court:
Testimony of key eyewitness consistent and reliable, but the incident characterized as a sudden fight without premeditation. (Paras 9, 10)
Issues: Whether the act constituted murder or a lesser charge and the nature of the involvement of each appellant. (Paras 6, 10)
Ratio Decidendi: The court determined that the lack of premeditation and the nature of the altercation warranted a conviction under a lesser charge for one appellant while acquitting others. (Paras 9, 12)
Result: Appeal partly allowed; certain convictions overturned and sentences adjusted.
ORDER Per: Justice Atul Sreedharan The appellants have filed the present appeal being aggrieved by the judgment of conviction dated 6.9.2021 passed in Sessions Trial No.79/2017 by which all the appellants herein were convicted by the Court of learned II Additional Sessions Judge, Bijawar, District Chhatarpur and sentenced to suffer Life Imprisonment for the offences under Sections 450 and 302 of the Indian Penal Code.
2. Briefly, the case of the prosecution is that on 24.6.2017, the complainant Laxmi Narayan @ Pappu went to Police Station - Gulganj and gave a report that in his village, son of Ratan Sharma whose name is Rahul Sharma was getting married and for the ceremony of Faldan, the complainant side was also invited. F.I.R. discloses that the house of Ratan Sharma is close Signature Not Verified Signed by: VIVEK KUMAR to his house and the relations of Ratan Sharma were also to attend the said marriage. It is the case of the prosecution that the complainant side refused to be a part of this function and therefore, on 23.6.2017, in the night at about 10 p.m., Ratan Sharma along with his son Dipu Sharma came to the house of the complainants and invited them to the marriage-feast with a threat that if they do not come, they would all be killed. It further discloses when the talks were going on with accused Dipu Sharma, the complainant's brother Uma Shankar told the appellants that there is old enmity between the complainants and the appellants and, therefore, they declined their invitation. Upon this, there was a quarrel between Dipu Sharma on the one side and the complainant and his brother Uma Shankar on the other at which time, the appellant Rajju Sharma, Gudda Sharma and Virendra Sharma entered their house armed with Dandas and hurling abuses at them and the appellant Virendra Sharma struck one blow with a stick on head of the complainant's brother Uma Shankar, on account of which he started bleeding and he fell down. It further discloses that complainant's elder brother Rajkumar Sharma came to intercede and protect Umashankar. Upon which, appellants Rajju Sharma, Dipu Sharma and Gudda Sharma assaulted him with Lathis. It is also alleged that the appellant Rajju Sharma exhorted the others that the complainant side had done away with their mother and, therefore, they should be killed.
3 . At the time of the incident, one Jogi Sharma and Surendra Sharma who are independent witnesses from the village came there and interceded. In the course of the assault, the complainant says that his brother Signature Not Verified Signed by: VIVEK KUMAR Umashankar and Rajkumar suffered injuries. Thereafter, appellant Ramkripal Sharma came to the scene of occurrence and abused the complainant side. Upon this complaint given by the complainant, Crime No. 79/2017 was registered for offences under Sections 452, 323, 294 and 34 of the Indian Penal Code. The injured were treated and the case was taken up for investigation. The spot map was prepared, and the statement of witnesses were recorded, and the injured Uma Shankar is stated to have died pursuant to treatment due to which F.I.R. was enhanced with the addition of Section 302 and 450 of I.P.C. The body of Uma Shankar was sent for postmortem, and the seizure memos were prepared. The appellants were arrested and upon completion of the investigation charge-sheet was filed, the appellants summoned to stand trial. The charges framed and trial was commenced which concluded as aforementioned in the conviction of the appellant.
4. Seven witnesses for the prosecution were examined of which the material witnesses are P.W-1 to P.W-5. P.W.-1 is Laxmi Narayan who has given the aforementioned details relating to the offence. P.W.-2 is Jogi Sharma who is an independent witness from the area and has turned hostile by not supporting the prosecution's case. P.W.-1 Pappu Sharma, is real brother of the deceased but has turned hostile during the course of the trial. P.W-3 is Seema @ Kalpana who is the wife of P.W.
