HIMMATA RAM vs THE STATE OF RAJASTHAN - 2024-02-07

O R D E R

1. The appellant was convicted under Section 304 Part I of the Indian Penal Code, 1860 (for short, ‘the IPC’) by the High Court while converting the sentence to the period already undergone. As the appellant is a public servant working as a teacher in a government school, he seeks to overturn the said decision as it is hindering his career.

2. Learned counsel appearing for the appellant submitted that the occurrence took place at the home of the appellant and it is a case of private defence. Therefore, Sections 96, 97 and 100 of the IPC ought to be applied. In support of his contention, he relied upon the judgment rendered by the Trial Court in the cross-case wherein the witnesses in the present case were shown as aggressors and convicted accordingly, while being acquitted under Section 307 of the IPC.

3. Though, reliance has been placed on the weapons used such as bottles, iron rod and lathi, Dr. Manish Singhvi, learned senior counsel appearing for the State submits that the Trial Court has clearly held that it is not a case of private defence as the evidence of the doctor who conducted the post- mortem would indicate that there are three injuries caused by the weapon used by the appellant.

4. We have also perused the evidence of the doctor who conducted the post-mortem. The injuries were found to be ante-mortem and they are three in number. Out of the three injuries, one is a stab injury, one is an incision and the other is a laceration. The weapon used to inflict the fatal blow was also a sword. To attract Sections 96, 97 and 100 of the IPC, the usage of weapon also becomes relevant.

5. In such view of the matter, we do not find any reason to interfere in the impugned order. The appeal is dismissed accordingly.

6. Pending application(s), if any, shall stand disposed of.

……………………………………………………J.

[M.M. SUNDRESH]

……………………………………………………J.

[S.V.N. BHATTI]

NEW DELHI;

7th FEBRUARY, 2024 ITEM NO.103 COURT NO.14 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 2004/2010 HIMMATA RAM Appellant(s)

VERSUS THE STATE OF RAJASTHAN Respondent(s)

Date : 07-02-2024 This appeal was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE S.V.N. BHATTI For Appellant(s) Mr. Devashish Bharuka, Sr. Adv.

Mr. Mukul Kumar, AOR For Respondent(s) Dr. Manish Singhvi, Sr. Adv.

Mr. Milind Kumar, AOR Ms. Shubhangi Agarwal, Adv.

Mr. Apurv Singhvi, Adv.

Mr. Rohan Darade, Adv.

UPON hearing the counsel the Court made the following

O R D E R

The appeal is dismissed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(SWETA BALODI) (POONAM VAID)

COURT MASTER (SH) COURT MASTER (NSH)

(Signed order is placed on the file)