Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 6970 OF 2019
(Arising out of S.L.P. (Crl.) Nos.41394140 of 2017)
Sudhir Kumar ..Appellant
Versus
State of Haryana and others ..Respondents
O R D E R
Leave granted.
2. These appeals are presented before us, questioning the
judgment of the High Court of Punjab and Haryana, modifying
the conviction of Surender @ Monu (Respondent No.2) from
Section 302 of the Indian Penal Code (hereinafter ‘IPC’), to that
under Section 304 PartI IPC and sentencing him to undergo
rigorous imprisonment for ten years. These appeals have also
questioned the reduction of sentence imposed on the other
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accused to the period already undergone for offences punishable
under Sections 323, 506, 148 read with 149 IPC.
3. The case of the prosecution in brief is that, an altercation
took place between the complainant’s mother, Ramrati and his
aunt, Sarli at about 5.00 p.m. on 13.03.2008. On the same day,
the accused started pelting bricks and stones upon the house of
the complainant showing solidarity with Sarli. However, the
complainant and other family members remained inside their
house out of fear. On the next day, i.e., 14.03.2008,
complainant’s mother Ramrati went to fetch water at about 2.00
p.m., and at that time, Accused Nos. 2 to 9 were sitting there and
they started threatening Ramrati with dire consequences.
Subsequently, Accused Nos. 1 to 9 carrying deadly weapons like,
jellies and iron rods approached the shop of the complainant’s
brother, Satish and threatened him also. Consequently, Satish
fled from the scene. Thereafter, all the accused came to the house
of the complainant and attacked the complainant’s father,
Balwan Singh. The complainant and his cousin were also injured
in this altercation.
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4. The Trial Court convicted Surender @ Monu (Respondent
No. 2) son of Ved Parkash (Respondent No. 3) for the offences
punishable under Sections 302, 148, 323, 506 read with 149 IPC
and he was sentenced to undergo imprisonment for life for the
offence punishable under Section 302 IPC. He was also
sentenced to pay a fine of Rs.10,000/ and to undergo
imprisonment for other offences also. All other accused were
convicted by the Trial Court for the offences punishable under
Sections 323, 506, 148 read with 149 IPC. They were sentenced
to undergo imprisonment for six months for the offences
punishable under Sections 323 and 506 read with Section 149
IPC. They were sentenced to undergo imprisonment for one year
under Section 148 read with Section 149 IPC. Sentence of fine
was also imposed on them. As mentioned supra, the High Court
reduced the conviction of Surender @ Monu (Respondent No.2)
for the offence punishable under Section 302 IPC to one
punishable under Section 304 Part I IPC. As far as the other
accused are concerned, the High Court maintained their
conviction and but reduced the sentences to the period already
undergone by them. Hence, these appeals are filed by the
complainant.
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5. Having heard the learned counsels for the parties, and
having perused the records, we are not inclined to interfere with
the order passed by the High Court so far as Respondent Nos. 3
to 10 are concerned, inasmuch as the High Court, while affirming
the conviction of these accused, used its discretion judiciously to
sentence these accused for the period already undergone in jail.
So far as Respondent No.2, Surender @ Monu is concerned, there
is enough material and medical evidence placed on record to infer
that the death had occurred due to the grevious injuries inflicted
by Respondent No.2 upon the deceased.
6. Both the courts below have concurrently concluded, and
rightly so, that Surender @ Monu alone assaulted the deceased,
particularly on his head, with the iron rod. There is no reason to
disbelieve the said fact, nor the finding of fact. It is concluded by
the courts below that due to the injuries sustained by the
deceased on his head, dealt by Surender @ Monu, the deceased
had lost his life. However, in our considered opinion, the High
Court is not justified in modifying the conviction of the accused,
Surender @ Monu to the offence under Section 304 Part I IPC
inasmuch as the facts clearly reveal the intention on the part of
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the said accused for committing the murder. The medical records
reveal that eight injuries were found on the body of the deceased
out of which three injuries were inflicted on his head. XRay and
CT Scan of these injuries were taken. A wound was found on the
right temporal region having length of 22 cms and it was sutured
with 16 sutures. The injuries were found with the blood vessels
cut and with profuse bleeding.
7. One of the doctors who conducted the postmortem has
narrated the two main head injuries found on the deceased as
under:
“1. An inverted U shaped sutured wound of
total length 22 cms with 16 sutures in place
located at right temporal region.
2. Medial to injury 1 and 2 cms medial to it
was a contusion of size 5x4 cms at mid of scalp
at right parietal area. On deep dissection
subcutaneous haematoma was present at site of
injury 1 & 2 described extending in frontal and
parietal region of both side. Extradural
haematoma was present at operated and nearby
region of size 10x10 cms irregular area. Two
bony plates were in place with good apposition
at operated site. Meninges were haemorrhagic at
temporal parietal region of both sides. Blood
clots were present at fissures of brain at right
temporal zone. Brain matter was disfigured by
blood clots.”
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8. Merely because the accused assaulted the deceased on his
head once or twice only, it cannot be said that the offence
committed by him is under Section 304 PartI IPC inasmuch as
the incident had not occurred on the spur of the moment. The act
of Surender @ Monu would not fall within any of the exceptions
to Section 300 IPC.
9. Having regard to the weapons used, the situs of the injuries
and the force with which the deceased was assaulted by the
accused shows clear intention on the part of the said accused to
commit murder. It would be beneficial to record the following
observations made by this Court in paras 15 and 16 of the case
Dhupa Chamar and Others v. State of Bihar (2002) 6 SCC 506,
the facts of which are similar to the facts at hand:
“15. In view of the nature of injury whereby
important blood vessels were ruptured inasmuch
as aorta and artery were cut and when the doctor
opined that death was caused as a result of severe
haemorrhage and shock due to the rupture of great
veins, undoubtedly, it can be reasonable inferred
therefrom that such a solitary injury inflicted upon
the deceased was sufficient to cause death in the
ordinary course of nature.
16. The above circumstances would show that
the accused intentionally inflicted the injury and
the same would indicate such a state of mind of
the appellant Dhupa Chamar that he aimed and
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inflicted the injury with a deadly weapon. In the
absence of evidence or reasonable explanation to
show that this appellant did not intend to inflict
injury by bhala in the chest with that degree of
force sufficient to rupture important blood vessels
and cutting of aorta and other artery, it would be
perverse to conclude that he did not intend to
inflict the injury that he did. When once the
ingredient “intention is established then the offence
would be murder as the intended injury was
sufficient in the ordinary course of nature to cause
death. Therefrom, the inevitable conclusion would
be that Appellant 1 Dhupa Chamar has committed
the offence of murder and not culpable homicide
not amounting to murder. This being the position,
we do not find that the High Court has committed
any error in upholding conviction of Appellant1
Dhupa Chamar under Section 302 of the Penal
Code.”
10. In view of the above, in our considered opinion, the
judgment of the High Court modifying the conviction of
Respondent No. 2 under Section 304 PartI is liable to be set
aside. Accordingly, the appeal questioning the conviction of the
Surender @ Monu for the offence under Section 304 PartI is
allowed. The accused Surender @ Monu is convicted for the
offence under Section 302 IPC and is sentenced to undergo
imprisonment for life and also to pay a fine of Rs. 2,00,000/. If
deposited, the amount is to be made over to the legal
representatives of the deceased as compensation. If the fine is not
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paid, the accused Surender @ Monu will undergo further rigorous
imprisonment for three years.
........................J.
(N.V. RAMANA)
........................J.
(MOHAN M. SHANTANAGOUDAR)
New Delhi,
January 14, 2019
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