LexHAWA SINGH AND ANR. versus STATE OF HARYANA
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[2009] 1 S.C.R. 324 A HAWA SINGH AND ANR. "' ·~ v. STATE OF HARYANA (Criminal Appeal No.84 of 2009) B JANUARY 16, 2009 .__ [DR. ARIJIT PASAYAT AND ASOK KUMAR GANGUL Y, JJ.] ... ' PENAL CODE, 1860: l. c Section 302 rlw 34 and s.452 - Murder - Conviction - ~ On appeal, Held: Exception to s.300 has no application to the facts of the case - Appellants rightly convicted under s.302. D Exception 4 to s.300 - Applicability of - Discussed. ..... In this appeal against High Court's judgment, the question before the Court was whether in the facts of the case, Exception 4 to Section 300 IPC is applicable or not. E Dismissing the appeal, the Court HELD: 1.1. Exception 4 to Section 300 IPC applies in the absence of any premeditation. This is very clear from the wording of the exception itself. The exception contemplates that the sudden fight shall start upon the F heat of passion on a sudden quarrel but here, the accused party, being deadly armed, came with the intention of teaching the deceased a lesson and in furtherance of that, one of them, hit the deceased on the head with a sword, an attack with a deadly weapon on G the vital part of the body and that proved to be a fatal blow. Therefore, Exception 4 to Section 300 has no .,, application to the facts of the present case. [Paras 9 and 10) [330-A-C] H 324 - HAWA SINGH AND ANR. v. STATE OF HARYANA 325 1.2. The appellants have been rightly convicted in A terms of Section 302 IPC. [Para 11) [330-C-D] Dhirajbhai Gorakhbhai Nayak v. State of Gujrat (2003 (5) Supreme 223, Parkash Chand v. State of H.P. 2004 (11) SCC 381 and Byvarapu Raju v. State of A.P. and Anr. 2007 B . (11) sec 218; relied On. I Case Law Reference: (2003 (5) Supreme 223 relied on 2004 (11) sec 381 2001 (11) sec 218 relied on relied on Para 7 Para 7 Para 7 CRIMINAL APPELLATE JURISDICTION: Criminal Appeal Nos. 84 of 2009. From the Judgment dated 24.10.2006 of the High Court of Judicature of Punjab and Haryana at Chandigarh in Criminal Appeal No. 143-DB/2005. Javed Mahmud Rao for the Appellant. TV.George for the Respondent. The Judgment of the Court was delivered by DR. ARIJIT PASAYAT, J. 1. Leave granted. 2. Challenge in this appeal is to the judgment of a Division c D E F Bench of the Punjab and Haryana High Court upholding the conviction of the appellants for offences punishable under Section 302 read with Section 34 and Section 452 of the Indian Penal Code, 1860 (in short the 'IPC'). Though they were G charged of several other offences they were acquitted of those charges. In the appeal filed by the appellants before the High Court there were several. co-accused i.e. Jagdish, Devinder, Balwan and Murti Devi. Accused Jagdish and Devinder who were convicted under Section 323 react with Section 34 and H 326 SUPREME COURT REPORTS [2009] 1 S.C.R. A Section 452 IPC. The other two accused persons i.e. Balwan "' ~· and Murti were acquitted of all charges. 3. Prosecution version in a nutshell is as follows: B On March 20, 2000 at 4.00 p.m. Man Singh was sitting near the gate of his house, while members ot his family were - present inside the house. Hawa Singh, Parkash and Jagdish armed with swords, Balwan and Devender @ Raju armed with .+ -~ lathis, their sister Murti armed with rapri and their mother Gindori c armed with pharsa came there. They entered the house and upon exhortation that a lesson be taught to Man Singh for getting them convicted, Hawa Singh opened the attack with a sword with which he hit Man Singh on the head. This was followed by Parkash giving a blow with his sword which hit Man Singh in the middle of his head. Jagdish also gave a sword blow which D hit Man Singh on the back of the head. When alarm was raised ,. Balwan hit Sajjan (PW-7) with a lathi on his forehead above left eye. Devender @ Raju hit Sajjan (PW-7) with a lathi on his left leg. Murti and Gindori also inflicted injuries on Sajjan. They also caused grievous injuries to Anju and Sarti. Sajjan's younger E brother Krishan and his uncle Azad Singh reached the spot to rescue them from the assailants. During the course of rescuing the injured, Azad Singh also sustained injuries. Some injuries were also inflicted by complainant party on the accused in self defence before the accused retreated from the spot with their )( F respective weapons. After the occurrence was over, the injured were taken to Civil Hospital, Bhiwan
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