Pop Singh . vs The State Of Madhya Pradesh

2023 INSC 1038 NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1846 OF 2010

POP SINGH & ORS. Appellant(s) VERSUS

STATE OF MADHYA PRADESH Respondent(s)

J U D G M E N T

B.R. GAVAI, J.

1. The appeal challenges the judgment and order

passed by the High Court of Madhya Pradesh dated

20th November, 2009, whereby the High Court has

partly allowed the appeal filed by the present

appellants. The learned Fifth Additional Sessions

Judge, Indore had convicted the appellants under

Section 148 and Section 304 (Part-I) of the

Indian Penal Code (for short, “I.P.C.”) read with Signature Not Verified Digitally signed by Nisha Khulbey Date: 2023.12.01 17:22:12 IST Section 149 of the I.P.C. and sentenced them to Reason:

undergo R.I. for 02 years for offence under 2 Section 148 IPC and R.I. for 10 years for offence

under Section 304 (Part-I) with a fine of

Rs.2,000/- (Rupees Two Thousand Only) in default

of payment of fine to suffer additional R.I. for

6 months. The High Court, while confirming the

conviction under 304 (Part-I), reduced the

sentence to seven years.

2. The prosecution case in brief is that there

was a dispute between accused persons and one Mr.

Guman Singh, father of deceased Jeevan Singh on

account of purchase of land of one Gulab Singh by

the accused. It is the prosecution case that on

23rd April, 1997, when deceased Jeevan Singh was

going to a vegetable market, Indore for selling

the vegetables on his scooter, at around 07:30

a.m., when he reached in front of the house of

one Ramlal in Village Alwasa, all the appellants

armed with Axe, Farsa and Dharia started

assaulting Jeevan Singh. Jeevan Singh fell down

on the ground from the scooter. P.W.6 Padam

Singh, who is the uncle of the deceased Jeevan

Singh, on hearing cry of Jeevan Singh, reached on 3

the spot and saw the appellants-accused

assaulting Jeevan Singh with various sharp edge

weapons. Since, the accused persons also

attempted to assault Padam Singh, he ran away and

hid inside the jungle. P.W.1 Bhagwantibai, one

Ramesh and P.W.7 Peer Mohd. had also witnessed

the incident. Thereafter, the appellants went to

the house of Guman Singh and threatened him.

Jeevan Singh was taken to the hospital at Indore

by P.W.8-Peer Mohd. and Rajendra Singh.

3. F.I.R. came to be lodged by P.W.6-Padam

Singh. Since, the deceased was admitted to the

hospital, initially the F.I.R. came to be lodged

for the offences punishable under Sections 307,

147, 148 and 149 of the I.P.C. The statement of

the deceased was also recorded by the Police on

the same day in which he named all the

appellants. The appellants were apprehended and

on their disclosure statement, weapons were

seized. After four days of hospitalization, the

deceased died on 27th April, 1997. After

completion of the investigation, charge-sheet was 4

filed for offences punishable under Sections 147,

148 and 302 read with Section 149 of the I.P.C.

in the Court of competent Judicial Magistrate and

the case was committed to the Sessions Judge. The

learned Sessions Judge passed the aforesaid order

of conviction. In the appeal before the High

Court, the High Court confirmed the same.

4. Shri Sushil Kumar Jain, learned senior

counsel appearing on behalf of the appellants

submits that none of the injuries sustained by

the deceased were on the vital parts of the body.

Injuries were only on the hands and legs. It is

therefore, submitted that it cannot be said that

either the appellants had an intention or

knowledge that injuries caused would result in

death. He therefore submits that the case at the

most would fall under Sections 325 or 326 of the

I.P.C. He submits that for the said offence the

period undergone i.e. three years and five months

would subserve the ends of justice.

5. Shri Harmeet Singh Ruprah, learned counsel

appearing on behalf of the respondent-State, on 5

the contrary, submits that the High Court has

already taken a lenient view in the matter and

has reduced the sentence from R.I. for 10 years

to 07 years. He, therefore, submits that, as a

matter of fact, the instant case would fall under

Section 302 of the I.P.C., inasmuch as the

appellants armed with deadly weapons had waylaid

the deceased on account of previous enmity. He

further submits that as many as 09 injuries have

been sustained by the deceased and, therefore,

prays for dismissal of the appeal.

6. With the assistance of the learned counsel

for the parties, we have scrutinized the evidence

on record.

7. The incident is not disputed by the parties.

8. From the perusal of the evidence of Dr. Saroj

Bharani, Assistance Surgeon, it is revealed that

the deceased has sustained the following

injuries:

1. Clean lacerated wound measuring 9 cm x 4 cm x muscle deed on dorsal exposed, bleeding.

2. Lacerated wound measuring 2 cm x 1 cm x muscle deep on…

3. Lacerated wound measuring 5 cm x 4 cm x 6

on lateral aspect rt and bone exposed.

4. Lacerated wound measuring 9 cm x 4 cm x muscle deep x tender exposed on IP ankle.

5. Lacerated wound measuring 4 cm x 1 cm x muscle deep rt knee.

6. Lacerated wound measuring x 1 cm x muscle deep on middle of rt. Leg.

7 Lacerated wound measuring 2 cm x muscle deep on lower 1/3rd of rt leg.

8. 10 cm x 4 cm x muscle deep cut and bleeding located on Rt. Elbow.

9. Lacerated wound measuring 2 cm x 1 cm x muscle deep on lt. Arm, swelling.

9. We find that from the nature of injuries, it

cannot be said that the instant case would either

fall under the Section 325 or Section 326 of the

I.P.C. The question, therefore, that will have to

be considered is as to whether the conviction

under 304 (Part-I) is sustainable or requires

alteration to 304 (Part-II).

10. No doubt that there are 09 injuries. However,

all the injuries are lacerated wounds and,

therefore, they can be caused only by the blunt

side of the weapons used. If the appellants had

an intention to do away with the deceased,

nothing prevented them from assaulting the

deceased with the sharp side of the weapons. 7

11. We, therefore, find that it cannot be said

that the appellants had an intention to cause the

death of the deceased. However, from the nature

of injuries, it is clear that the act was done

with the knowledge that the injuries were likely

to cause the death of the deceased.

12. We are, therefore, of the considered view

that the case would not fall under Section 304

(Part-I) and would fall under Section 304 (Part-

II) of the I.P.C.

13. We, therefore, alter the judgment and order

of the Trial Court as well of the High Court and

convert the conviction of the appellants herein

from Section 304 (Part-I) to the one under

Section 304 (Part-II) of the I.P.C.

14. For the said offence, we find that 05 years

rigorous imprisonment would subserve the ends of

justice. As the appellants have already undergone

03 years and 05 months, the appellants shall

surrender to the custody within a period of four

weeks from today for serving remainder of the

sentence.

8

15. The appeal is allowed to the extent as

indicated above.

16. Pending application(s), if any, shall stand

disposed of.

….........................J (B.R. GAVAI)

….........................J (PAMIDIGHANTAM SRI NARASIMHA)

New Delhi November 29, 2023