LexMAJOR SINGH versus STATE OF PUNJAB & ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B C D E F G H 800 SUPREME COURT REPORTS [2022] 6 S.C.R. MAJOR SINGH v. STATE OF PUNJAB & ANR. (Criminal Appeal Nos. 2405-06 of 2014) JUNE 16, 2022 [A. S. BOPANNA AND VIKRAM NATH, JJ.] Penal Code, 1860 – s.304 Part II – Distinction between culpable homicide amounting to murder and culpable homicide not amounting to murder – Held: There is a subtle distinction of degree of intention and knowledge involved in both the crimes – Intention is pivotal to decide whether the accused has committed culpable homicide amounting to murder or culpable homicide not amounting to murder – Along with intention, knowledge and the degree of crime, i.e. how the deceased was killed, plays an important role in deciding – In the present case, the accused-appellant had no intention to kill his uncle – Lack of intention can easily be seen through the acts committed by the appellant – He was furious about getting yelled by his uncle a day before, which acted as a provocation for the accused – The appellant was armed with a wooden leg of the cot in his hand which cannot be termed as a dangerous weapon – He had given a single blow to the deceased and therefore it cannot be said that the appellant had intention of killing the deceased who was his own uncle – Maybe he wanted to punish his uncle for the reprimand, he received the previous day – Further it cannot be said that the appellant had the knowledge that the deceased would die through a single blow – Thus, the deceased is not liable to be convicted u/s.302 IPC but would be liable to be convicted under s.304 Part-II IPC. Mohd. Rafiq v. State of Madhya Pradesh, (2021) 10 SCC 706 – referred to. Case Law Reference (2021) 10 SCC 706 referred to Para 14 [2022] 6 S.C.R. 800 800 A B C D E F G H 801 CRIMINAL APPELLATE JURISDICTION: Criminal Appeal Nos. 2405-06 of 2014. From the Judgment and Order dated 03.04.2014 of the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.D-421- DBA of 2002 and Criminal Revision No.391 of 2002. Gagan Gupta, Adv. for the Appellant. R. K. Rathore, Ms. Jaspreet Gogia, Advs. for the Respondents. The following Order of the Court was passed: O R D E R 1. The present set of appeals filed by accused-appellant, Major Singh (hereinafter referred to as ‘the appellant’) arises from the order dated 03.04.2014 passed by Punjab and Haryana High Court in Criminal Appeal No. 421 of 2002 and Criminal Revision No. 391 of 2002, whereby the appeal and revision petition were allowed, the acquittal by the Trial Court was set aside and the appellant was convicted under section 302 IPC1 and sentenced to undergo imprisonment for life and pay fine of Rs.5,000/-. FACTS: 2. Prosecution’s case arises from a two-day incident and it unfolds as follows: i. On 20.07.1998, a day preceding the unfortunate incident, appellant had quarreled with his uncle Makhan Singh (deceased) and had abused the uncle. Due to this argument between them, Makhan Singh had severely reprimanded the appellant. ii. On the day of the incident, i.e. on 21.07.1998 at about 10:30/11:00 A.M., Makhan Singh, father of Sukhraj Singh (complainant) was going towards bus stand of their village. On his way over, Major Singh came from the other side of the bus stand holding a wooden ‘Bahi’ (wooden side of a cot frame). He abused Makhan Singh for shouting and insulting him on the previous day and threatened to teach Makhan Singh a lesson. Thereafter, the accused dealt a ‘Bahi’ blow to Makhan Singh on his head as a result of which Makhan Singh fell down. MAJOR SINGH v. STATE OF PUNJAB & ANR. 1 IPC – Indian Penal Code, 1860 A B C D E F G H 802 SUPREME COURT REPORTS [2022] 6 S.C.R. Immediately after which Major Singh ran away from the spot with the ‘Bahi’. After this both Sukhraj Singh and Charanjit Singh, who were standing in front of the shop of Dilbag Singh, took their father, who was bleeding from the head to Civil Hospital, Giddarbaha. As his condition was serious, the doctor referred him to Dayanand Medical College, Ludhiana. Makhan Singh succumbed to the injuries on 22.07.1998, that is a day after the incident. 3. Sukhraj Singh went to the Police Station, where he met ASI Arnail Singh at Husnar Chowk, Gidderbaha and his statement was recorded in writing. The police, after making endorsement, sent the same to police station-Kotbhai for registration of FIR. The police visited the spot and prepared rough site plan and blood-stained earth was lifted from the spot. 4. On the day of the death of the incident, police visi
Excerpt shown. Read the full judgment & AI analysis in Lexace.