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2024 Supreme(Online)(RAJ) 29495
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE ASHOK KUMAR JAIN, J
DATAR SINGH SON OF SHRI SAMUNDER SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLAS / 1960 / 2022
Mr. Kailash Chander Sharma, Mr. B.L. Nasuna, Dy.GA
Knowledge can be presumed from the use of a firearm, sustaining charges under IPC and SC/ST Act despite claims of lack of intention.
Headnote:(A) Indian Penal Code, 1860 - Sections 323 and 307 - SC/ST (Prevention of Atrocities) Act, 1989 - Section 3(2)(va) - Charges framed against appellant for causing injuries during an altercation - Appellant claimed lack of intention and knowledge regarding the presence of the injured - Court held that knowledge can be presumed from the use of a firearm, thus sustaining charges under IPC and SC/ST Act. (Paras 2, 7, 12, 13)
(B) Intention and Knowledge - To establish a charge under Section 307 IPC, intention or knowledge of the act causing injury is essential - The nature of the weapon used and the circumstances can imply knowledge of potential harm. (Paras 7, 11)
(C) Charge Framing - At the charge stage, the trial court must consider the material on record, and the decision to frame charges should not be interfered with unless there is illegality or perversity. (Paras 13, 14)
Facts of the case:
The appellant was involved in an altercation leading to injuries inflicted on the complainant and others, including a member of the ST community. The trial court framed charges under relevant sections based on the FIR and investigation findings.
Findings of Court:
The court found sufficient grounds to sustain the charges against the appellant, emphasizing the use of a firearm and the resulting injuries.
Issues: The main issues were whether the appellant had the intention or knowledge regarding the injuries caused to the complainant and others, and the appropriateness of the charges framed.
Ratio Decidendi: The court ruled that the use of a deadly weapon implies knowledge of potential harm, and the trial court's decision to frame charges was justified based on the evidence presented.
Result: Appeal stands dismissed.
Order
29/01/2024
1. Instant appeal is preferred aggrieved from order dated 13.07.2022 in sessions case No. 71/2022 passed by learned Additional Sessions Judge No.2 Jaipur Metro-II whereby learned trial court has framed charges under Sections 323 , 307 IPC , 3/27 Arms Act and 3(2)(va) of SC/ST (POA) Act against the appellant.
2. Learned counsel for appellant while relying upon grounds of appeal submitted that due to scuffle between petitioner and respondent No.2 unintended injuries were caused to a person allegedly belonging to ST community. He further submitted that appellant was neither aware about the presence of injured Seema Meena nor about the caste of Seema Meena therefore for non intentional assault appellant cannot be held responsible under the SC/ST (POA) Act. He further submitted that in case of injury inflicted upon third person, not in the knowledge of appellant, he cannot be held responsible for charge under Section 3 of the SC/ST (POA) Act. He also submitted that the intention and motive of appellant were not established from any evidence therefore a charge under Section 307 IPC cannot be framed. He specifically relied upon judgments in cases of Pankaj Sharma Vs. State of Rajasthan 2001 (1) RCC 479 , Ishwar Pratap Singh Vs. State of UP and Anr. 2018(1) WLC (SC) Cri. 219 and Surendra Kaurav Vs. State of MP 2008 (64) AIC 432 (MP) .
3. Aforesaid contentions were opposed by learned Public Prosecutor. None present for respondent No.2 despite service of notice upon respondent No.2.
4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record along with judgments as cited by learned counsel for appellant.
5. A written complaint was submitted by respondent No.2 in P.S. Kardhani, Jaipur for alleged incident of altercation on 24.06.2014, wherein firing by appellant resulting in injuries sustained by complainant, his wife and Seema Meena. On the basis of aforesaid, FIR No. 350/2014 under Sections 323 , 307 IPC and 3(2)(v) of SC/ST (POA) Act was registered. After investigation, police has recommended a charge-sheet against appellant for offence under Sections 307 , 323 IPC , 3(2)(v) of SC/ST (POA) Act and 3/27 of Arms Act. Learned trial court after considering the submissions of prosecution and for appellant directed to frame charge against the appellant. Aggrieved from aforesaid, instant appeal is preferred under Section 14A of the SC/ST (POA) Act. The appellant has challenged charge under Section 3 of the SC/ST (POA) Act and Section 307 IPC .
6. Learned counsel for appellant heavily relied upon ground that the altercation was between the complainant and appellant and at the most assault was made upon complainant and not intended towards wife of complainant or Seema Meena, therefore there was neither intention nor any motive.
7. Section 307 IPC prescribes that whosoever does any act with such intention or knowledge and under such circumstances that if he by that act caused death, he would be guilty of murder and if hurt is caused to any person by such act the offender shall be liable. Aforesaid indicated that to attract Section 307 IPC either there must be knowledge or intention. The fact herein indicated that the appellant has used fire arm and a prudent man, who is using fire arm is having knowledge that the projectile or the bullet fired from a gun may misfire or if missed the target, then can hit to any other person in the range of that projectile. Thus, from weapon used by the appellant his knowledge can be presumed, therefore the ground that appellant was neither having any motive nor any intention to assault wife of complainant or Seema Meena is not sustainable.
8. Herein the fact clearly indicated that appellant has used deadly weapon i.e. fire-arm and Seema Meena has sustained four punctured lacerated wounds and similarly Renu has sustained two injuries and both were caused by fire-arm and found grievous. Thus, the injured have sustained actual injuries from the weapon used by appellant.
9. Th
