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IN THE HIGH COURT OF ALLAHABAD
Pritinker Diwaker, Raj Beer Singh, JJ.
Kaptan Singh - Appellant
Vs.
State Of Uttar Pradesh - Respondent
Criminal Appeal No. 2233 of 1987, 2252 of 1987
Decided On : 05-11-2019
I.P.C. - Conviction under Section 302/34 and Section 324/34 - The court discussed the legal provisions of Section 300 of the Indian Penal Code and applied Exception 4 to determine the liability of the accused. The court found that the incident occurred in the heat of passion upon a sudden quarrel and the accused did not act in a cruel or unusual manner. The court altered the conviction of accused-appellant H.N. Singh to Section 304 Part-II of I.P.C. and sentenced him to seven years rigorous imprisonment. The conviction and sentence of accused-appellant Kaptan Singh under Section 302/34 of I.P.C. were set aside. Both accused-appellants were sentenced to the period already undergone under Section 324/34 of I.P.C.
Fact of the Case:
The case involved a dispute over electricity dues between the landlord and tenants, which led to a sudden quarrel resulting in the death of a tenant. The accused-appellants were convicted under Sections 302/34 and 324/34 of the Indian Penal Code.
Finding of the Court:
The court found that the incident occurred in the heat of passion upon a sudden quarrel and the accused did not act in a cruel or unusual manner. The court altered the conviction of accused-appellant H.N. Singh to Section 304 Part-II of I.P.C. and sentenced him to seven years rigorous imprisonment. The conviction and sentence of accused-appellant Kaptan Singh under Section 302/34 of I.P.C. were set aside. Both accused-appellants were sentenced to the period already undergone under Section 324/34 of I.P.C.
Issues: The main issue was to determine the liability of the accused under the Indian Penal Code for the death of the tenant during a sudden quarrel over electricity dues.
Ratio Decidendi: The court applied Exception 4 of Section 300 of the Indian Penal Code to determine the liability of the accused. It found that the incident occurred in the heat of passion upon a sudden quarrel and the accused did not act in a cruel or unusual manner. The court altered the conviction of accused-appellant H.N. Singh to Section 304 Part-II of I.P.C. and sentenced him to seven years rigorous imprisonment. The conviction and sentence of accused-appellant Kaptan Singh under Section 302/34 of I.P.C. were set aside. Both accused-appellants were sentenced to the period already undergone under Section 324/34 of I.P.C.
JUDGMENT :
Raj Beer Singh, J.
Both these appeals have been preferred against the judgment and order dated 26.08.1987 passed by IVth Additional Sessions Judge, Kanpur Nagar in Session Trial No. 199 of 1986 (State Versus Kaptan Singh and H.N. Singh) under Sections 302, 323/34 & 324/34 of I.P.C., P.S. Kalyanpur, District Kanpur Nagar, whereby accused-appellant H.N. Singh has been convicted under Section 302 and accused-appellant Kaptan Singh has been convicted under Section 302/34 and they have been sentenced to life. Both the accused-appellants have further been convicted under Section 324/34 IPC and sentenced to rigorous imprisonment for one year. Both the sentences have been directed to run concurrently.
2. Both the accused-appellants H.N. Singh and Kaptan Singh as well as the deceased Ram Niwas Rao were tenants in residential building of (PW-2) informant-Ram Singar Pandey. On 03.05.1986 at around 8.30 P.M. informant Ram Singar Pandey (landlord) came at the said premises and demanded electricity dues from accused-appellant Kaptan Singh. Accused-appellant Kaptan Singh objected the same by saying that electricity bill is exaggerated and thus he would not pay the same. Meanwhile, another tenant accused-appellant H.N.Singh also came and protested that landlord was demanding more electricity dues and they would not pay the same and he even started abusing (PW-2) Ram Singar Pandey. At the same time, another tenant Ram Niwas Rao (deceased) came and tried to intervene, but accused-appellant Kaptan Singh gave a knife blow at the chin of (PW-2) Ram Singar Pandey, while being infuriated by intervention of Ram Niwas Rao, accused-appellant H.N. Singh gave a knife blow in inguinal region of Ram Niwas Rao (deceased) by exhorting that the deceased always used to support the landlord. Hearing the noise, one Raj Kishore, Bachcha Lal, Jitendra Tewari and some other tenants of the premises reached there and intervened. Ram Niwas Rao (deceased) was taken to Hallet Hospital and was admitted there but, on the same night, he succumbed to his injuries in the hospital.
3. (Pw-2) Ram Singar Pandey reported the matter to the police by submitting written complaint Ex. Ka-1 and on that basis, case was registered under Sections 324/304 of I.P.C. against both the accused-appellants on 04.05.1986 at 3.30 P.M. vide first information report Ex. Ka-13.
4. Deceased Ram Niwas Rao, while he was in injured condition, was medically examined on 03.05.1986 vide MLC Ex.Ka-15 and following injuries were found on the person of deceased.
(ii) He was admitted for observation and treatment as the case of stabbed wound. According to the opinion of the doctor, the injury was fresh and caused by some sharp edged object.
5. After death of deceased, (PW-3) S.S.I. Shanker Singh conducted inquest proceeding on 04.05.1986 vide inquest report Ex.Ka-2 and other related documents were prepared and the dead body of the deceased Ram Niwas Rao was sent for postmortem.
6. Postmortem on the dead body of the deceased was conducted on 04.05.1986 by (PW-4) Dr. P.S. Misra vide postmortem report Ex. Ka-12 and following injuries were found on the body of deceased.
(ii) Stitched cut open wound present on right arm front. As per Autopsy Surgeon, the death had been caused on account of shock and haemorrhage as a result of injury no.1.
7. (Pw-2) Ram Singar Pandey was medically examined by (PW-6) Dr. N.C. Yadav vide MLC Ex.Ka-16, and following injuries were found on his body;
(ii) Incised wound just below left angle of mouth 1.2 cm. x .3 cm.x skin deep with fresh bleeding. M.G. examination shows cut hair bulb
(iii) Abraded contusion left thigh lower end outer aspect 1.5 cm. x 1 cm. wi
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