LexDEVENDRA KUMAR & ORS. versus STATE OF CHHATTISGARH
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[2024] 11 S.C.R. 523 : 2024 INSC 841 Devendra Kumar & Ors. v. State of Chhattisgarh (Criminal Appeal No. 328 of 2015) 06 November 2024 [B.R. Gavai,* Prashant Kumar Mishra and K.V. Viswanathan, JJ.] Issue for Consideration Whether the conviction would fall for the offence punishable u/s.302 IPC or under a lesser offence. Headnotes† 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 * Author 524 [2024] 11 S.C.R. Digital Supreme Court Reports 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] List of Acts Penal Code, 1860. List of Keywords Previous enmity; Making threat of killing; Evidence; Medical expert; Homicidal death; Credible testimony; Eyewitnesses; Quarrel; Premeditation; Premeditation in a sudden fight in a heat of passion upon a sudden quarrel; Undue advantage; Acted in cruel or unusual manner; Benefit of doubt. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 328 of 2015 From the Judgment and Order dated 04.10.2010 of the High Court of Chhattisgarh at Bilaspur in CRLA No. 15 of 2004 Appearances for Parties Vikrant Narayan Vasudeva (A.C.), Adv. for the Appellants. Ravi Kumar Sharma, D.A.G., Mrs. Prerna Dhall, Piyush Yadav, Ms. Akanksha Singh, Praphull Kumar, Prashant Singh, Advs. for the Respondent. Judgment / Order of the Supreme Court Judgment B.R. Gavai, J. 1. This appeal challenges the judgment and order dated 4th October, 2010 passed by the Division Bench of the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No. 15 of 2004 whereby the High Court dismissed the Criminal Appeal preferred by the present appellants and upheld the order of conviction and sentence dated 17th October, 2003 passed by the Additional Sessions Judge (FTC), Kawardha (CG)1 in S.T. No. 50 of 2003. 1 Hereinafter referred to as the ‘trial court’. [2024] 11 S.C.R. 525 Devendra Kumar & Ors. v. State of Chhattisgarh 2. The facts leading to the present appeal are as follows:- 2.1 On 20th December 2002, at about 11 a.m., a complaint was lodged by one Dhannu Das (PW-2), the shopkeeper of a betel shop at Village Chhirha who had witnessed an incident near his shop wherein the appellants had assaulted the deceased, namely Bahal, with lathis, a rod and an axe after making a threat that they would kill him. On the receipt of the complaint, the Police Station at Kawardha registered a First Information Report2 being Crime No. 262 of 2002 under Section 307 read with Section 34 of the Indian Penal Code, 18603 against the appellants. 2.2 Pertinently, prior to the occurrence of the incident which ultimately led to this criminal appeal, a land dispute relating to certain agricultural land and crops therein was pending between the families of the present appellants and the deceased. In the pending lis, the Sub-Divisional Magistrate had passed an order in Criminal Case No. 216 of 2003 titled Bahal
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