Case Note & Summary
By way of special leave, the appellants challenged the judgment and order dated 4 July 2013 of the Division Bench of the High Court of Judicature at Allahabad in Criminal Appeal under Section 374 Cr.P.C. No. 2259 of 1989, which dismissed their appeal and upheld the conviction and sentence recorded by the Additional District and Sessions Judge, Karvi (Banda) in Sessions Case No. 88 of 1986. The prosecution case arose from an incident on the morning of 6 August 1986 at Baruahaar Ghat, where complainant Ram Gopal (PW-1), his father Ram Avtar, uncles Namo Shankar and Girija Shankar and two others had gone to measure agricultural fields for partition. The accused appellants, who were hiding there, came out, had an altercation over measurement of fields, and struck the complainant's father and uncles with pike, sticks and spear. An FIR No. 53/1986 was registered at Raipura police station at 9:30 AM under Sections 307 and 308 read with Section 34 IPC; after the injured were taken to Karvi Hospital, Ram Avtar and Namo Shankar died the same day and Girija Shankar died while being shifted to Allahabad, leading to addition of Section 302 IPC. The accused were arrested on 12 August 1986, chargesheeted, and the case was committed to the Sessions Court by order dated 13 November 1986. The Trial Court convicted the appellants on 8 November 1989 under Section 302 read with Section 34 IPC and sentenced them on 15 November 1989 to rigorous imprisonment for life and a fine of Rs 6,000. The High Court dismissed the appeal on 4 July 2013 and directed that the appellants, who were on bail, be arrested and committed to custody to undergo sentence. The core legal issue before the Supreme Court was whether the conviction under Section 302 IPC could be sustained or whether the offence was one of culpable homicide not amounting to murder under Section 304 Part I IPC. The appellants argued that the sole testimony of PW-1, a related witness, was insufficient and that at most a lesser offence was made out. The State contended that the accused had committed brutal murder and that PW-1's testimony was corroborated by medical evidence. The Court examined PW-1's deposition and noted that although the accused carried sharp weapons, they used only the blunt side, and the medical evidence showed only lacerated and contused wounds with no incised wounds. PW-2, son of deceased Namo Shankar, turned hostile. The Court also noted prior enmity between accused No.1 and deceased Ram Avtar over measurement of agricultural fields. On this material, the Court held that while the accused had knowledge that the injuries could cause death, there was no material to show intention to kill, and therefore conviction under Section 302 IPC was not tenable and was liable to be converted to Section 304 Part I IPC. The appeal was partly allowed; since the accused had already undergone more than 12 years of sentence, the Court directed their release forthwith if not required in any other case, and disposed of pending applications.
Headnote
A) Criminal Law - Culpable Homicide Not Amounting to Murder - Absence of Intention to Kill - Indian Penal Code, 1860, Sections 302 and 304 Part I - The accused used only the blunt side of sharp weapons causing lacerated and contused wounds without incised wounds; prior enmity existed but no material showed intention to kill, only knowledge that injuries could cause death. The Supreme Court converted the conviction from Section 302 IPC to Section 304 Part I IPC and directed release after undergoing more than 12 years of sentence. Held that conviction under Section 302 IPC was not tenable where only knowledge, not intention, was proved (Paras 13-16).
Issue of Consideration
Whether the conviction of the accused appellants under Section 302 IPC was tenable or whether the offence fell under Section 304 Part I IPC due to absence of intention to kill and the nature of injuries inflicted.
Final Decision
Appeal partly allowed; conviction of the accused appellants under Section 302 IPC converted to one under Section 304 Part I IPC; accused appellants already undergone sentence of more than 12 years, which was found sufficient; accused appellants directed to be released forthwith if not required in any other case; pending applications disposed of.
Law Points
- Culpable homicide not amounting to murder
- intention to kill
- knowledge
- blunt side of weapon
- lacerated and contused wounds
- related witness testimony
- concurrent findings
