ADDHA versus STATE OF MADHYA PRADESH

Citation: [2001] SUPP. 3 S.C.R. 403 · Decided: 28-09-2001 · Supreme Court of India · Bench: U.C. BANERJEE · Disposal: Appeal(s) allowed

Judgment (excerpt)

.. 
, 
ADDHA 
v. 
STATE OF MADHYA PRADESH 
SEPTEMBER 28, 2001 
[UMESH C. BANERJEE AND K.G. BALAKRISHNAN, JJ.J 
Penal Code 1860 : Sections 302 and 304 Part II. 
Murder-Sudden quarrel between two groups of peoples-Accused gave 
lathi blows to deceased-Trial court convicted accused under S.302-High 
Court affirmed conviction and sentence-Correctness of-Held, accused had 
no deliberate intention to cause the death of deceased-Hence, offence under 
S.302 not made out-Conviction altered to one under S.304 Part-JI. 
The appellant-accused was convicted by the trial Court under Section 
302 of the Penal Code, 1860. The conviction and sentence were confirmed 
by the High Court. Hence this appeal. 
According to the prosecution the deceased and some others came to 
a place near the house of the accused and there ensued a quarrel. It is the 
further case of the prosecution that the accused gave 2-3 blows on the head 
of the deceased with a lathi. The deceased fell on the ground and later died 
in the hospital. 
Allowing the appeal, the Court 
A 
B 
c 
D 
E 
HELD : 1. In view of the failure of PW-1 to mention the details of 
attack by the appellant as against the deceased and in view of the fact that 
F 
the entire incident happened pursuant to a quarrel between two groups of 
people and that the appellant had no deliberate intention to cause death of 
the deceased, an offence under Section 302 of the Penal Code, 1860 had not 
been made out against the appellant. The incident was the result of a 
sudden quarrel between two groups and in that melee the appellant must 
G 
have used a lathi, which caused injury to the deceased, which ultimately 
resulted in his death. In that background it is difficult to hold 'that the 
appellant committed the offence of murder. The offence would only come 
under Section 304 Part II of the Penal Code, 1860. [406-A-B] 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 532 
H 
403 
404 
SUPREME COURT REPORTS 
[200I] SUPP. 3 S.C.R. 
A 
of 2000. 
B 
c 
D 
E 
F 
G 
From the Judgment and Order dated 28.I.99. of the Madhya Pradesh 
High Court in Crl. A. No. 473 of I989. 
Y.P. Singh, C.Siddharta and Mukesh Kumar Sharma for the Appellant. . 
Alok Bachaval, Ms. Vibha Makhija Datta, Ms. Bhart Tyagi for Uma Nath 
Singh for the Respondent. 
The Judgment of the Court was delivered by 
K.G. BALAKRISHNAN, J. Appellant Addha, son of Rooplal, was tried 
by the First Additional Court of Sessions, Mandia [Madhya Pradesh], along 
with four others, for the offence· punishable under Section 302 read with 
Section I49 IPC. The Sessions Court held that there was no unlawful assembly 
as alleged by the prosecution and the appellant was found guilty of the offence 
punishable under Section 302 for having caused the death of one Sher Singh. 
Two other accused, namely, Rooplal and Buddhulal were found guilty of the 
offence punishable under Section 324 IPC. The conviction and sentence of the 
accused were confirmed by the High Court. 
The incident in question took place on I9.7.I986 at about 9.00 PM. PW.:. 
I Jugal Kishore, along with PW-3 Mishridas, was returning from the nearby 
flourmiJI and they saw accused Buddhulal in a wordy altercation with PW-4, 
Pancham. Jugal Kishore intervened and tried to dissuade them from quarreling. 
At that time, Buddhulal's father Rooplal came there and took his son to his 
house. But on reaching their house, Buddhulal and Rooplal started hurling 
.'lbusive words at PW-I, Jugal Kishore. On hearing this, deceased Sher Singh, 
PW-2 Guiab and some others persons came to the place of occurrence and there 
ensued a quarrel. It is alleged that while Buddhulal was armed with an axe, 
Rooplal was armed with a Bichua and Addha was ~aving a Lathi. It is the 
prosecution's case that Rooplal inflicted an injury on PW- I Jugal Kishore and 
Buddhulal dealt a blow on the arm of Guiab. It is aJso the prosecution's case 
that Addha dealt 2-3 blows on the head and chest of the deceased Sher Singh. 
Deceased Sher Singh fell on the ground. He was taken to the nearby hospital 
where he was declared dead. 
On the next day by about 9.20 AM, PW-I Jugal Kishore gave the F.I. 
statement before the police and PW-6, Sub-Inspector of Nainpur Police Station, 
H 
took over the investigation. He h~ld inquest on the body of the deceased and 
ADDHA v. STATE [BALAKRISHNAN, J.] 
405 
the dead body was then sent for post mortem examination. PW-8 conducted the 
A 
post-mortem and it was revealed that 7th and 8th ribs of left s

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