LexKRISHAN versus STATE OF HARYANA
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A KRIS HAN v. STATE OF HARYANA MAY 1, 1997 B [M.K. MUKHERJEE AND K. VENKATASWAMI, JJ.) Indian Penal Code, 1866: Ss.302-Murder-Accused while undergoing /if e imprisonment imposed C upon him in an earlier murder case, committed murder of his brother-in-law, an under-triaf-Trial court convicted the accused and sentenced him to death-High Court upheld the conviction and the sentence-Held, felonious propensity of an off ender is a factor which requires consideration while dealing with the question of imposition of sentence of death but that cannot be the sole basis for such sentence as all other factors relating to the D commission of the crime including motive, manner and magnitude have also to be taken into consideration-The instant case, in the circumstances, is not one of the rarest of the rare cases where sentence of death should be imposed-The se/lfence of death is commuted and accused is awarded imprisonment for life-Sentence of fine is maintained. E F G CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 91of1997. From the Judgment and Order dated 13.9.96 of the Punjab & Haryana High Court in Cr!. A. No. 592 - DB/95 and Murder Ref. No. 8 of 1995. Satyapal Khushal Chand for the Appellant. Prem Malhotra (NP) for the Respondent. The following order of the Court was delivered : Consequent upon dismissal of his appeal by the High Court Krishan, the appellant herein, stands convicted under Section 302 I.P .C. and sen- tenced to death for committing the murder of Ranbir, his brother-in-law, on October 23, 1994 inside District Jail, Sonepat, where the former was H undergoing a sentence of imprisonment for life and the latter was an 1156 t n -- KRISHAN v. STATE 1157 under-trial prisoner. According to the prosecution case on the fateful day at or about 10.45 A.M. when the deceased was getting himself shaved by Ram Phal (P.W.3), who is a barber by profession and at the material time was serving A a sentence, in Barrack No. 3 of the Jail, the appellant came there with Kassi (spade) in his hand and inflicted two successive blows on the head of B Ranbir, with whom he had a property dispute as a result of which he fell down and started bleeding profusely. Ram Phal raised an alarm which attracted the attention of Head Constable Som Nath, who was on duty nearby. Ram Phal and Som Nath chased the appellant who had fled away in the meantime with the kassi, and nabbed him with great difficulty. They C snatched the kassi from him and put him inside Barrack No. 4. They then went to Shri Ashok Kumar (P.W.4), Assistant Superintendent of the Jail and narrated the incident and also handed over the kassi to him. Shri Kumar then arranged a vehicle to shift Ranbir to the General Hospital, Sonepat. There Ranbir was examined by Dr. R.R. Mittal (P.W.1) and he found the following : D "1. Incised wound in front of the left pinna extending upto mid-line of vault of skull which was 12 x 1 ems. x bone deep. Fresh bleeding was present and brain matter was coming out of the injury and E 2. Incised wound on the skull from its middle to parieto-temporal region measuring 10 x 1 ems. x bone deep with fresh bleeding. Brain matter was coming out of the injury. X-ray was advised in respect of skull and surgical opinion was sought." According to.the doctor, both the aforesaid injuries could be caused F by a sharp-edged weapon like kassi. The doctor sent a rnga (ext. PB) to In-charge, Police Post General Hospita\, Sonepat, at 12 noon. On receipt of a telephone message from the city Police Station, S.I. Ami Singh (P.W.8), who was then posted as in-charge Police Post, Gohama Road, Sonepat, first went to General Hospital, Sonepat, where he came to G learn that Ranbir Singh had since been referred to Medical College & Hospital, Rohtak. Thereafter, he came to District Jail, Sonepat, where Chander Singh (P.W.7) made a statement (Ext. PG) regarding the incident. He forwarded the said statement for registration of a case and took up investiga_tion. There-after, S.I. Ami Singh recorded the statements of Ram H 1158 SUPREME COURT REPORTS [1997] 3 S.C.R. A Phal, Som Nath and Ashok Kumar under Section 161 Cr. P.C. He took possession of the Kassi (Ext. Pl) from Ashok Kumar and seized some blood stained earth from the place of incident. He also prepared a rough site plan (ext. PI). In the night intervening 26/27th of October, 1994 the Investigation B Officer received a message fro111 Medica
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