Case Note & Summary
The appeals were directed against the judgment and order of the High Court of Madhya Pradesh, which had dismissed the appellants' appeal and maintained their conviction under Section 302/34 of the Indian Penal Code, 1860, with a sentence of life imprisonment and fine. The appellants challenged the concurrent findings of fact, primarily arguing that the prosecution witnesses, PW-1 Shankerlal and PW-11 Rameshwar Prasad, were unreliable. PW-1 had not fully supported the prosecution case and was declared hostile, while PW-11 was introduced as an eye-witness twenty-two days after the FIR was lodged. Additionally, the appellants contended that even if the prosecution case was accepted, the offence should be culpable homicide not amounting to murder, falling under Exception 4 to Section 300 IPC, relying on the precedent in Pulicherla Nagaraju Alias Nagaraja Reddy v. State of A.P. The respondent State opposed these submissions, supporting the impugned judgment and arguing that Exception 4 was inapplicable as the incident was not a sudden fight but an assault after pressurizing the victim to refrain from giving evidence in another criminal case. The court analyzed the submissions, noting that the Trial Court and High Court had thoroughly examined the evidence, including the testimony of PW-1 and PW-11. The court found no reason to take a different view on the appreciation of evidence, emphasizing that PW-1 was the first informant and had been injured in the incident, and the findings regarding the appellants' involvement were cogent. Regarding Exception 4 to Section 300 IPC, the court ruled it was directly excluded based on the nature of the incident and the injuries sustained by the deceased, which included multiple incise wounds on the skull and stab wounds on the chest. Consequently, the appeals were dismissed, and all pending applications were disposed of.
Headnote
A) Criminal Law - Murder - Conviction under Section 302/34 IPC - Indian Penal Code, 1860, Sections 302, 34 - Appellants challenged conviction based on unreliability of prosecution witnesses PW-1 (hostile) and PW-11 (introduced after 22 days) - Court upheld concurrent findings of Trial Court and High Court, finding no reason to interfere with appreciation of evidence and cogent findings of fact regarding appellants' involvement - Held that the findings as regards involvement of the appellants in the incident leading to the death of the victim are cogent findings of fact and no case for interference is made out (Paras Not mentioned). B) Criminal Law - Murder - Exception 4 to Section 300 IPC - Indian Penal Code, 1860, Sections 300, 304 - Appellants contended offence should be culpable homicide not amounting to murder covered by Exception 4 to Section 300 IPC - Court ruled applicability directly excluded due to nature of incident (assault after pressurizing victim to refrain from giving evidence, not sudden fight) and nature of injuries (multiple incise wounds on skull and stab wounds on chest) - Held that the applicability of Exception 4 to Section 300 IPC is directly ruled out in the present case (Paras Not mentioned).
Issue of Consideration
Whether the conviction under Section 302/34 IPC should be upheld or altered to culpable homicide not amounting to murder under Section 304 IPC based on witness reliability and applicability of Exception 4 to Section 300 IPC
Final Decision
Appeals dismissed; conviction under Section 302/34 IPC and sentence of life imprisonment with fine upheld; all pending applications disposed of
Law Points
- Appreciation of evidence
- reliability of hostile and belatedly introduced witnesses
- distinction between murder under Section 302 IPC and culpable homicide not amounting to murder under Section 304 IPC
- applicability of Exception 4 to Section 300 IPC
- factors determining intention to cause death
