LexRAM AUTAR & ORS. versus STATE OF U.P.
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A B c D E F G [2016) 7 S.C.R. 790 RAM AUTAR & ORS. v. STATE OF U.P. (Criminal Appeal No. 1157 of2016) NOVEMBER 28, 2016 [DIPAK MISRA AND AMITAVA ROY, JJ.) Penal Code, 1860: ss.304 Part-I, 147, 148 and 149 - Fatal attack - Prosecution case was that on the 111orning of the incident, the cattle of the victi111-deceased strayed into the field of the appellant and destroyed the crop - Accused persons abused the deceased whereafter he herded back the cattle - Later when the deceased and co111plainant party were sitting in their compound, altercation took place between the deceased and accused persons who resided next door - On exhortation of other accused persons, appellant brought gun and fired at the deceased and the other accused persons attacked him with lathis - Deceased died on the spot - Conviction of all accused persons u/s.302 - High Court 111odified conviction to one u/s.304 Part I - On appeal, held: The 111aterials on record suggested that the deceased also contributed to the escalating tensio11 and in the process the accused perso11s joi11tly u11leashed attack 011 him by lat his and also shot him - Jn the fact situation that developed in quick succession, there was as such no pre-meditation or prior concert 011 the part of the accused persons to com111it murder - The incident happened on the spur of the moment and in an uncontrollable, embittered and agitated state of e11rage111ent, thus deprivi11g the accused persons of their power of self control - The evidence shows that the appellants did not have any infamous criminal background as well - Also the incident had occurred in 1982 and 111ore than three decades ha11e passed - In totality of circumstances, conviction of appella11ts u/s.304-Part 1 rlw ss.147,148,149, as recorded by High Court, is justified - However, in view of facts and circu111stances, the sentence for the offence u/ s.304-Part 11149 reduced to rigorous i111priso11111e111 for 7 years. Partly allowing the appeal, the Court HELD: 1. The evidence of the eye witnesses showed that H not only they have with noteworthy consistency and cohesion 790 RAM AUTAR & ORS. v. STATE OF U.P. authenticated the case of the prosecution in all material particulars, they have identified as well the appellants and their co-accused and also have provided graphic details of the events in the sequence in which the same unfolded at the place of occurrence. The testimony of the doctor who performed post mortem on the dead body (PW-5) reveals fire arm wounds on the head, chest and right upper arm of the deceased together with the multiple abrasions and contusions on various parts of the body. According to this witness, death had occurred due to shock and haemorrhage as a result of the ante-mortem injuries. This witness also referred to lacerated/incised wounds and contusions sustained by the appellants and the co-accused which, according to the medical expert, were however simple in nature. The High Court, noticing the injuries, which PW-5 had identified to be simple in nature, did conclude, had been self inflicted in order to contrive a defence. In view of the evidence available and the overall scenario, this finding cannot be repudiated to be absurd or illogical. However, one cannot overlook the progression of events that occurred since the incident of trespass of the cattle of the deceased in the fields of co-accused and others leading to abuse and unpleasantness between them earlier in the day. The second bout of bickerings precipitated in the afternoon on the same day while the deceased, appellants and the co-accused were sitting in their respective compounds, abutting each other. The witnesses of the incident though, at the preliminary stages, did advise the deceased tu go in and avoid a brewing confrontation, he obdurately refused to do so and stoked the growing indignation so much so that eventually he was shot at and also assaulted by the appellants and their companions. The materials on record do suggest that the deceased did also contribute to the escalating tension and in the process the accused persons jointly unleashed attack on him by lathis and also shot him. A sudden spurt of irreversible events thus got triggered thereby. [Paras 14, 15, 17, 18) (795-C-F; 796-B-E] 4. In the fact situation that developed in quick succession, there was as such no pre-meditation or prior concert on the part of the accused persons to commit murd
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