KHANJAN PAL versus STATE OF U.P.

Citation: [1990] 3 S.C.R. 606 · Decided: 03-08-1990 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
KHANJAN PAL 
v. 
STATE OF U.P. 
AUGUST 3, 1990 
B 
[KULDIP SINGH AND M. FATHIMA BEEVI, JJ.] 
c 
Indian Penal Code, 1860: Sections 300, 302 and 304---Injury 
afflicted without intention to cause death-Acting on spur of moment 
without pre-meditation-Resulting in death-Conviction thereof-
---.
Applicability of Section 304. 
The appellant was charged with the murder of a co-worker at the 
factory in which they were working. The Trial Court discarded the 
testimony of eye-witnesses and other circumstances and acquitted the 
appellant, by giving him the benefit of doubt. 
D 
On appeal, the High Court accepted the testimony of the eye-
witnesses and convicted the appellant under Section 302 IPC and 
sentenced him to undergo life imprisonment. 
This appeal is against the High Court's judgment. 
E 
Allowing the appeal in part, 
HELD: 1. The High Court had interfered with the order of acquit-
tal for cogent reasons and that the conclusion of the High Court that the 
appellant has caused the death of the deceased, by stabbing with a knife 
in the manner alleged by the prosecution is unassailable. The approach 
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by the trial court was clearly wrong and the finding is perverse. The 
testimony of the two independent eye-witnesses had not been properly 
appreciated. Their presence at the scene could not at all be doubted in 
the light of what P.W. 3 has deposed. They are probable witnesses and 
there had not been any infirmity in their evidence. l608F-G I 
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2. However, the offence is not murder punishable under Section 
302 IPC, and that the act of the appellant as proved would fall only 
under Section 304 Part-II, IPC. The appellant had ad111itted that there 
had been an altercation between the two and the deceased received the 
injury in the course of a scnme. The evidence clearly established that 
the whole incident was a sudden development and that the appellant 
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had acted at the spur of the moment and without any pre-meditation. 
606 
KHANJAN PAL v. STATE OF U.P. [FATHIMA BEEVJ, J.J 
607 
1111... 
There had been no ill-will or enmity between the two. A casual remark 
..-made by the appellant provoked the deceased and the altercation 
ensued which culminated in the stabbing with knife. The appellant used 
the knife only once and did not act in any cruel manner. It was in the 
sudden quarrel in heat of passion that the appellant inflicted the injury 
on the deceased without any intention to cause death but having knowledge 
that such act was likely to cause the death of the deceased. [6098-DI 
..__.,__.. 
3. The conviction is altered to one under Section 304, Part-II, 
~ IPC. Appellant had already undergone imprisonment for over one year, 
He had been released on bail by order of this Court. The appellant, a 
youngman who had been at large for over nearly 12 years, cannot be 
committed to prison for any further period at this stage. [609EJ 
4. To meet the ends of justice, it is directed that the appellant 
...-- should pay a fine of Rs.50,000 in addition to the term of imprisonment 
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he has already suffered. This amount would be paid to the father of the 
decea•ed and other legal heirs. In case of default in payment of fine, the 
appellant should undergo further imprisonment for six months. [609f .(;I 
D 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal 
No. 328 of 1979. 
F\om the Judgment and Order dated 2.1.19'79 of the Allahabad 
High Court in Government Appeal No. 663 of 1973. 
Pra)llod Swamp for the Appellant. 
Manoj Swamp, Prashant Choudhary and Dalveer Bhandari for 
the Respondent. 
The.Judgment of the Court was delivered by 
FATHIMA BEEVI, J. Khanjan Pal, the appellant, was convic-
ted by the High Court for the offence punishable under Section 302, 
I.P.C. and sentenced to undergo imprisonment for life, in reversal of 
E 
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the order of acquittal passed by the Sessions Judge, Agra. The brief 
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facts of-the case are as under: 
The appellant, Khanjan Pal, and the deceased, Deep Singh, 
were working in the bangles welding factory of Data Ram in Mohalla 
Ra jputana, Thana Firozabad. The prosecution case was that while 
working in the factory at about 2.30 P.M. on 8.4. 1972, the appellant 
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608 
SUPREME COURT REPORTS 
I 1990) 3 S.C.R. 
said to the deceased that he had illicit relationship with one Tara. 
I?eep Singh said that he considered Tara to be his sister. The alterca---41111 
lion ensued between the appellant and the deceased and in the course 
of the altercation, the ap
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