PRADUMANSINH KALUBHA versus STATE OF GUJARAT

Citation: [1992] 1 S.C.R. 259 · Decided: 21-01-1992 · Supreme Court of India · Bench: M. FATHIMA BEEVI · Disposal: Dismissed

Judgment (excerpt)

• 
PRADUMANSINH KALUBHA 
A 
v. 
STATE OF GUJARAT 
JANUARY 21, 1992 
[M.FATHIMA BEEVI AND YOGESHWAR DAYAL, JJ.] 
B 
Indian Penal Code, 1860: 
Section 304 Part II-Appellant-Prosecution of-Caused death by 
delivering knife blow on chest of deceased-Acquittal by tril'll 
court-Conviction by High Court-Held appellant's involvement in 
C 
crime--'Oearly established-High Court has demonstrated conclusion of 
trial court wrong and not sustainable on evidence. 
Indian Evidence Act, 1872: 
Section 27-Weapon-Seizure of-Not material-When direct evi- · D 
!fence available of involvement of accused. 
The prosecution alleged that the Harijans and the Garasia-
Durbars in the township of Thangadh in the" respondent-State were 
not keeping good relationship for the past six months and that the 
· brother of th(\ appellant who was the manager of a Cinema Talkies 
assaulted a Harijan teacher and that thereafter the Harijans boy-
cotted the theatre. 
On February 12, 1978, the deceased who was a Harijan painter 
had gone alongwith two others at about 6.00 P.M. for purchasing 
Datan and that when they proceeded to purchase a brush as desired 
by the deceased ·they turned IJack to pick up the Dc(tan.before it was 
too late. In the pro~ess, the deceased came iit contact and unwit-
tingly brushed with the appellant who had been passing alongwith 
the other two accused. Infuriated by the collision, the appellant 
·scolded the deceased as untouchable drew out his knife and in-
flicted a blow on his chest. P.Ws.4 and 5 were on the spot purchas-
ing Datans fro·m the vendor. The other tw·o persons who accompa-
nied the appellant assaulted the companions of the deceased with 
sticks. The deceased fell down with bleeding injury and the appel-
. lant and his associates left the place. The deceased was rushed to 
the Hospital, but died the sam~ night. 
259 
E 
F 
G 
H 
A 
B 
c 
D 
E 
F 
G 
H 
260 
SUPREME COURT REPORTS 
[1992] I S.C.R. 
On recording the statement of PW 4 who wa·s on the spot 
alongwith PW 5 a case was registered. The crime though originally 
registered for the offence under Section 307, IPC, was altered to 
Section 302, !PC. After investigation the appellant and two others 
were charge-sheeted. 
The prosecution adduced evidence to prove the relationship 
between the two factions and details of the investigation. The de-
fence plea was that the incident did not happen in the manner in 
which .it had been stated, and that the appellant was not involved. It 
was alleged that there was a collision between the cyclists followed 
by a commotion in the course of which injuries had been sustained 
by the deceased. Evidence was adduced to prove this plea. 
The Sessions Judge rejected the prosecution case, considered 
the defence version more probable and acquitted the accused per-
sons. The trial court found that the genesis of the crime as put 
forward was improbable. The appellant had mingled with Harijans 
boys as a sportsman in the past, and there was no reason for him to 
be annoyed and that the injuries sustained by the two companions 
of the deceased were simple and superficial and could be self in-
flicted and that if they were assaulted by all the four accused the 
assault would have resulted in more serious injuries. 
On appeal by the State, the High Court convicted .the appel-
lant for the offence under Section 304 Part II, IPC and sentenced 
him to undergo imprisonment for a term of five years. It re-exam-
ined the entire evidence and concluded that the account given by 
the eye-witness was true, that the reasons given by the Trial Court 
for rejecting the same as not sustainable. It found no infirmity in 
the evidence of the witnesses and their testimony wholly reliable. 
On the medical evidence it found that the deceased was stabbed in 
the left loin from the side, the .wound being cavity deep resulting in 
a cut of the spleen and the kidney, and lent corroboration to the 
• 
testimony of the 4 PWs that the appellant had given a knife blow on 
the left loin of the deceased .. 
In the appeal to this Court it was contended that the High 
Court had disregarded the principles for dealing with an appeal 
against an order of acquittal, and that the absence of blood on the 
spot where the incident occurred and the weapon seized throw doubt 
on the credibility of the investigation; The failure to examine non-
Harijan witnesses was also commented upon as amounting to sup-
pression of material evidence. 
KALUBHA v. STATE 
261 
. .., 
Dismi

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