Penal Code, 1860 – ss. 304 Part I, 302, 307 read with s.34 – Punishment for culpable homicide not amounting to murder – Previous enmity between the families of the appellants and the victim – Appellants assaulted the victim with weapons after making a threat that they would kill him and later the victim succumbed to his injuries – Courts below convicted the appellants u/s.302 and s.307 rw s.34 and sentenced accordingly – Interference with:
Held: Evidence of the medical expert that the death of the deceased was homicidal death does not call for interference – In view of the credible testimony of the eyewitnesses, no reason to interfere with the finding of the courts below that it is on account of the injuries caused by the appellants that the deceased had died – There was previous enmity between the parties – From the evidence of Sarpanch of the village it is clear that there was a quarrel between the appellants and the deceased – Weapons used by the accused persons are axe and sticks, which are commonly used by the agriculturists – No material on record to show that there was any premeditation – Taking into consideration all these aspects, the possibility of offence being committed by the appellants without premeditation in a sudden fight in a heat of passion upon a sudden quarrel cannot be ruled out – From the nature of the injuries sustained by the deceased, it cannot be said that the appellants have taken undue advantage or acted in a cruel or unusual manner – Thus, appellants entitled to benefit of doubt – Conviction of appellants u/s.302 altered to the one under Part I of s.304 – Appellants sentenced to the period already undergone. [Paras 18, 19, 20, 21, 23]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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