High Court of Punjab and HaryanaCRA-D/34/2012disposed of

Mandeep v. State Of Haryana

2024-05-21Mr. Justice Gurvinder Singh Gill,Mr. Justice N.S. Shekhawat20 pages

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3 % Spindle shape incised wound with size 2 x 0.75 cm on

$ right side of abdomen. 15 cm below, right nipple and 9 cm right to the midline.

Contusion 4 x 0.5cm obliquely placed 1.5cm below right nipple on right side of chest.

Contusion 2 x 0.5cm horizontally placed on front of neck in middle.

Contusion 1 x 0.5 cm on front of left shoulder. 5.

3 contusions of size 2 x 1 cm, 1 x 0.5 cm, 1.5 x 0.5cm on right shoulder.

On dissection corresponding, injury No.1 haematoma was present in intercostal muscle of 8th intercostal space right side, rent in underneath diaphragm was present, laceration of size 2 x 1 x 6cm over front of right lobe of liver was present. Scalp, skull and vertebra were healthy. Brain was healthy. Plural cavity was full of blood, larynx and trachea healthy, right and left lung place and healthy, pericardium healthy, heart both sides empty, large vessels were healthy. Peritoneal cavity full of blood. Stomach contained semi digested particles. Small intestine containe chyme and gases. Large intestine containe fecal matter and gases. Liver as described earlier, Spleen and kidney were pale and healthy, bladder empty. Organ of generations healthy. In our opinion, the cause of death in this case was haemorrhage and shock following injury to vital organs as described.

All injuries were ante1mortem in nature and sufficient to cause death in normal course of time.

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3 "On the police application dated 12.04.2010 regarding weароn, I opened a sealed parcel brought by police and contents were taken out. There was a knife without handle with dimension 15cm in length and 2.2cm in width (maximum) with one sharp

4 surface and one blunt surface. The whole metallic part was covered with scattered rust. In my opinion the possibility of injuries sustained on the body of Mohinder Singh son of Mange Ram with the above mentioned weapon brought by police cannot be ruled out. The opinion is Ex. P9, which bears my signatures. (At this stage a sealed parcel is opened and knife without handle is taken out). The knife is Ex.MO2. It is the same knife which was shown to me by the police at the time of taking my opinion. 0

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' 3 I am innocent. I have been falsely implicated in this case. True facts of the case are that I and deceased Mohinder Singh were very close friends and we used to sit together regularly. I and deceased Mohinder Singh used to take meal and liquor together in routine manner. On the day of occurrence i.e 24.03.2010 at about 10/10.30PM, I and deceased Mohinder Singh were enjoying liquor and meal etc. inside the house of Rakam Singh, real brother of deceased. I asked to deceased Mohinder Singh to return my mobile and on this, a quarrel took place between us. Mohinder Singh gave a slap to me and inflicted grievous injury to me on the various parts of my body and in self defence, I inflicted injury to Mohinder Singh deceased from the domestic knife, which was lying in the said room, where we were enjoying liquor and meal etc. At that time, my father Karam Singh @ Karmu and my brother Som Pal were present. Even no body was also present from the complainant side in the house. Later on,

6 the police had concocted a false story and eye witnesses were introduced. I was inflicted injuries by the deceased Mohinder and I remained admitted in CHC, Gharaunda and then I was referred to GH, Karnal but police had not collected my MLR etc from CHC. Gharaunda or from GH, Karnal. My brother Rohtash is missing for the last six years.

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A lacerated wound 1 cm x 8cm skin deep over left side of chest in upper part.

Abrasion 1 cm x 7cm present over left side of chest crossing injury No.1.

A lacerated wound 2 cm x 4 cm present over left side of face. 4.

A lacerated wound 1 cm x 1cm present over left ear pinna. 5.

A lacerated wound 2 cm x 2 cm muscle deep present over left side of chest 3 cm above the left nipple.

Injuries No.1,2,3 and 5 surgery opinion was advised and for injury No.4, ENT opinion was advised. All the injuries were kept under observation. All the injuries were caused by blunt weapon and duration was within six hours. Patient was brought by Som Pal son of Taram Singh of village Panori.( At this stage, learned defence counsel states that the original ruqua and carbon copy of MLR is in the police file, which may be got produced through the witness. Heard and allowed). I have brought the original MLR No.GHD/NS/09/10, which bears my signatures and copy of the same is Ex.DA. I had sent ruqua regarding medical examination of patient Mandeep Singh. Ruqua is Ex.DB. On the same day, patient

was referred to GH, Karnal by me. I have seen accused Mandeep present in the court, who is same person, who was examined by me.

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Except in the cases hereinafter excepted, culpable homicide a murder,if the act by which the death is caused is done with the intention of causing death, or 2ndly.1 If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or 3rdly.1 If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or 4thly.1 If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. Exception 1.1 xxxx xxxx xxxx Exception 2.

1 xxxx xxxx xxxx Exception 3.1 xxxx xxxx xxxx Exception 4.1 Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner.

Exception 5.1 xxxx xxxx xxxx %@ 5 ,

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"...The help of Exception 4 can be invoked if death is caused (a) without premeditation, (b) in a sudden fight: (c) without the offender's having taken undue advantage or acted in a cruel or unusual manner; and (d) the fight must have been with the person killed. To bring a case within Exception 4 all the

ingredients mentioned in it must be found. It is to be noted that the 'fight' occurring in Exception 4 to Section 300. IPC is not defined in the IPC. It takes two to make a fight. Heat of passion requires that there must be no time for the passions to cool down and in this case, the parties have worked themselves into a fury on account of the verbal altercation in the beginning. A fight is a combat between two and more persons whether with or without weapons. It is not possible to enunciate any general rule as to what shall be deemed to be a sudden quarrel. It is a question of fact and whether a quarrel is sudden or not must necessarily depend upon the proved facts of each case. For the application of Exception 4, It is not sufficient to show that there was a sudden quarrel and there was no premeditation.

It must further be shown that the offender has not taken undue advantage or acted in cruel or unusual manner. The expression 'undue advantage' as used in the provision means 'un1 fair advantage'." xxx xxx xxx xxx ...After the injuries were inflicted the injured has fallen down, but there is no material to show that thereafter any injury was inflicted when he was in a helpless condition. The assaults were made at random. Even the previous altercations were verbal and not physical. It is not the case of the prosecution that the accused appellants had come prepared and armed for attacking the deceased.... This goes to show that in the heat of passion upon a sudden quarrel followed by a fight the accused persons had caused injuries on the deceased, but had not acted in cruel or unusual manner.

That being so, Exception 4 to Section 300 IPC is clearly applicable..."

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, 3 "...All fatal injuries resulting in death cannot be termed as cruel or unusual for the purposes of not availing the benefit of Exception 4 of Section 300 IPC. After the injuries were inflicted and the injured had fallen down, the appellant is not shown to have inflicted any other injury upon his person when he was in a helpless position. It is proved that in the heat of passion upon a sudden quarrel followed by a fight, the accused who was armed with Bhala caused injuries at random and thus did not act in a cruel or unusual manner."

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3 ... Thus, placed as the appellant and the deceased were at the time of the occurrence, it appears to us that the appellant assaulted the deceased in that sudden fight and after giving him one blow took to his heels. He did not cause any other injury to the deceased and therefore it cannot be said that he acted in any cruel or unusual manner. Admittedly, he did not assault PW12 or PW16 who were also present also with the deceased and who had also requested the appellant not to allow his cattle to graze in the field of PW11. This fortifies our belief that the assault on the deceased was made during a sudden quarrel without any

premeditation. In this fact situation, we are of the opinion that Exception14 to Section 300 IPC is clearly attracted to the case of the appellant and the offence of which the appellant can be said to be guilty would squarely fall under Section 304 (Part1 I) IPC..."

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' ' 3 FFor punishment under Section 304 Part I, the prosecution must prove: the death of the person in question; that such death was caused by the act of the accused and that the accused intended by such act to cause death or cause such bodily injury as was likely to cause death. As regards punishment for Section 304 Part II, the prosecution has to prove the death of the person in question; that such death was caused by the act of the accused and that he knew that such act of his was likely to cause death...." )* 5 E, !

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,, 3 "....Of course, we have to distinguish between motive, intention and knowledge. Motive is something which prompts a man to form an intention and knowledge is an awareness of the consequences of the act. In many cases intention and knowledge merge into each other and mean the same thing more or less and intention can be presumed from knowledge. The demarcating

line between knowledge and intention is no doubt thin but it is not difficult to perceive that they connote different things. )%

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A lacerated wound 1 cm x 8cm skin deep over left side of chest in upper part.

Abrasion 1 cm x 7cm present over left side of chest crossing injury No.1.

A lacerated wound 2 cm x 4 cm present over left side of face. 4.

A lacerated wound 1 cm x 1cm present over left ear pinna. 5.

A lacerated wound 2 cm x 2 cm muscle deep present over left side of chest 3 cm above the left nipple.

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