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2018 Supreme(Online)(MP) 1463
IN THE HIGH COURT OF MADHYA PRADESH
*Sanjay Yadav, Sunil Kumar Awasthi, JJ.
Dhara Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
Crl. A. No. 141 of 2000
Important Points
Subject
Criminal Law - Homicide
Act Referred
Headnote
(B) Acquittal - Legal principles governing acquittal appeals - Appellate court's role and authority in reviewing reasons given by the trial court. (Paras 28, 30, 31)
Facts of the case:
The appellant Dhara Singh was convicted for the murder of Ummed Singh based on eyewitness testimonies despite the defence arguing false implication due to previous enmity. Evidence included medical reports corroborating the cause of death from the injuries.
Findings of Court:
The conviction was reduced from Section 302 IPC to Section 304 Part II IPC considering the lack of intent to kill and circumstances surrounding the incident as a sudden fight.
Issues: The primary issues were the applicability of Exception 4 of Section 300 IPC and whether the trial court's reasoning for acquittal of co-accused was justified.
Ratio Decidendi: The court held that the appellant did not act with premeditated intent to kill and met the criteria for Exception 4, emphasizing that sudden and unpremeditated acts should be considered in sentencing. The trial court's assessment of evidence leading to acquittal of other accused was also upheld.
Result: Conviction modified to Section 304 Part II IPC with a sentence of 5 years and fine of Rs.3,000/-.
| Table of Content |
|---|
| 1. two appeals against conviction and acquittal, addressing distinct legal grounds. (Para 1 , 2) |
| 2. details of the incident leading to charges, highlighting the accused's brutal actions. (Para 3 , 6) |
| 3. trial court's reasoning for the conviction based on witness testimony and evidence. (Para 8 , 9 , 10) |
| 4. court's analysis of premeditation and intent under suggested exceptions. (Para 19 , 26) |
| 5. reaffirmation of acquittal principles and the limited role of appellate review. (Para 28 , 31) |
1. These two appeals are directed against the judgment dated 22/02/2000 passed in Sessions Trial No.310/1996.
2. Whereas the Criminal Appeal No. 141/2000 is directed against the conviction. The Criminal Appeal No.603/2005 is by the prosecution against the acquittal of the co - accused.
3. Appellant in Criminal Appeal No. 141/2000 was tried with 11 others for offences under S.148, S.149, S.302/149, 323 of the Indian Penal Code. The trial Court found the appellant guilty of offence under S.302; whereas the co - accused: Hakim and Nirpat were convicted for offence under S.323 IPC . Remaining accused were acquitted.
4. As per prosecution on 04/08/1996 Ummed Singh (the deceased) was sitting at the Volvo Kuno Syphon near his agricultural field at about 3.30 PM. At that time, 12 accused persons came there armed with axe, lathi and luhangi. That, Dhara Singh picked up a stone and hit it over the side of neck, Ummed Singh trumble down over the ground. Thereafter all the accused persons gave repeated blows with axe, lathi and luhangi from the blunt side resulting in the death of the Ummed Singh. That Ramlakhan(PW - 1), Ramsingh (PW - 2) and Deena(PW - 4) came to intervene, then accused Hakim caused injuries to Ramlakhan (PW.1) and Ramsingh(PW - 2) and Nirpat caused injuries to Deena. The background as per prosecution was that on 3/8/1996 two buffaloes belonging to Halke entered the field of Ummed Singh, who got them into cattle food. As per prosecution Ramlakhan(PW - 1) claimed to have seen the incident, who went to Police Station Veerpur and lodged the complaint / FIR as to 10 to 12 persons indulging in the commission of offence. He named Makhan, Babu, Brahma, Nirpat, Halke, Dhara, Naresh, Suresh, Hakim, Ramphool, Phool, Balbhadra. The complainant was recorded as Dehati Nalishi' at 17:00 hours on 04/08/1996 (Ex. P / 1). The Investigating Officer Suresh Chandra(PW - 11) after recording the Dehati Nalishi left to the scene of crime. The offence was registered vide Crime No.20/96 vide FIR (Ex.P - 31) under S.147, S.148, S.149, S.323, S.302 IPC .
5. The investigation was set in motion. The stone said to be used for commission of offence was seized vide Ex.P / 5, and lathi and country - made pistol were seized vide Ex.P / 13, P / 14 - A, Ex.P / 14, Ex.P / 15. After the inquest proceedings, the dead body of Ummed Singh was sent for postmortem. Dr. M.P. Gupta(P.W. - 5) performed the autopsy on 05/08/1996 and submitted the report (Ex.P / 8). Following four injuries were found in the deceased:
1. An ante - mortem contusion 6 cm x 5 cm Size present on occipital region of head. Injury caused by heard and blunt object.
2. An ante - mortem abrasion size 2 cm x 1/2 cm size situated right side Neck Post auricular region caused by hard and blunt object.
3. Contusion size 2 cm x 1 cm present 5 cm below the injury no.2 caused by hard and blunt object.
4. Contusion size 3 cm x 1 cm parallel to injury no.3 situated 4 cm below injury no.3 caused by hard and blunt object.
6. In the opinion of doctor, the death was due to cardio respiratory failure due to ante - mortem head injury.
7. After completion of the investigation, the charge - sheet was filed. All the accused persons were charged for the offence punishable under S.147, S.148, S.149, S.302, S.323 IPC .
8. Accused persons abjured the guilt and pleaded of being falsely implicated by the investigating officer because of the previous enmity and examined four witnesses in defence.
9. The trial Court while discarding th
