Whenever accused-party sustains injuries in the same occurrence and when the injuries are grievous in nature it is incumbent upon the prosecution to explain the injuries on the person of the accused. In the present case, the prosecution has not chosen to explain the injuries sustained by the appellant-Manphool (A-1), meaning thereby that the real genesis of the occurrence has not been placed before the Court. Nonexplanation of the injuries, which are ten in number, on the person of the appellant-Manphool, raises a doubt about the sequence of occurrence, as projected by the prosecution. After having considered the nature of injuries sustained by the appellant-Manphool (A-1), there is a possibility that the appellant-Manphool (A-1) has acted in self-defence and the defence plea cannot be rejected in toto. It may be noted that the appellant-Manphool (A-1) has exceeded his limit in private defence by firing at the deceased-Mahabir (D-2) and also causing head injuries on the person of the deceased-Gopi Chand (D-1). Considering the defence plea and the nature of the injuries sustained by the appellant-Manphool Singh (A-1), conviction of the appellants under Section 302 I.P.C. cannot be 6 sustained. In our considered view the conviction of the appellants has to be modified under Section 304 I.P.C. (10) Considering the fact and circumstances of the case, and that the accused had acted in self defence which is proved to have exceeded, the conviction of the appellants under Section 302 I.P.C. has to be modified. As the occurrence happened in a free fight between both the parties, conviction of the appellants under Section 302 I.P.C. is modified to Section 304 Part II I.P.C. (11) It is stated that the only surviving appellant-Surender (A-5) has already undergone imprisonment of 8-9 years. In these circumstances, sentence of the appellant-Surender Singh is reduced to the period already undergone by him however conviction is upheld, as above. (12) The appeal is accordingly allowed.
1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No(s). 1817 OF 2009 MANPHOOL SINGH & ORS. Appellant(s) VERSUS THE STATE OF HARYANA Respondent(s) W…
Post to Tumblr