RAMESH KUMAR versus RAM KUMAR & ORS.

Citation: [1984] 3 S.C.R. 640 · Decided: 26-04-1984 · Supreme Court of India · Bench: O. CHINNAPPA REDDY · Disposal: Appeal(s) allowed

Judgment (excerpt)

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RAMESH KUMAR 
v. 
RAM KUMAR & O,RS. 
April 26, 1984 
[0. CHINNAPPA REDDY, A.P. SEN AND E.S. VENKATARAMIAH, JJ.) 
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Indian Penal Code-S. 302 read with S. 34 _ _.:.Acc14sed convicted and 
stntimced u/s; 302/34-Accused made gift of land to widow .for loss of fife 
of her burbmd-1/igh Court acquirted one accused and converted conviction 
of other to one und ·r s. 304. 
High Court Judgment-Whether cotreci-
Held no. 
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The two 'respoitdeilts were convicted under s. -~02 read with s. 34 
of the Indian Peri31 Code .and sentenced to life imprisonment by the Sessions 
Judge. 
On appeal, the High Court was informed that -both the parties." 
were closely relat~d and they bad come to some sort of •rrana:ement under 
which one accused had made a gift' of some land to the widoW as compen .. 
• sation -for the loss of-1ife of her husband. 
The Hi'gh Court acquitted one 
of the Jccused and converted the ~onviction of the- Other from· one under 
S• 302 to one under s. 304 and reduced _the sentence to)two years. 
The 
so called arrangement between. the partieS was the only reason for. what 
tile High Court did. 
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Setting aside tho judgment of the High Court and remanding. tho 
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luatter for rehearing~ thi!f Court, 
HELD : 
The entire system of admiilistration of CriminaJ ju_stiCt,-is 
rsduced to a mockery by the judgment of the High Court. · If it is uphel~, 
it is as if a person who can afford to make ·gifts of land or money to the 
heirs of the.victim may get away eVen with a charge of murder. 
Courts 
are to dispense j0:stice, not to dispense with justice. 
And, 
ju~tice to be 
dispensed is not p8.lm-tree justice or idiosyncratic justice. 
The judgment 
of the mgh Court cannot .stand a second's scrutiqy. [641 H; 642 A-BJ. 
CRIMIN,\L APPELLATE JURISDICTION : Criminal Appeal Nos. 
1012 of 1984. 
(Appeals by Special leave from the Judgment and Order dated 
the !st September, 1983 of the Punjab and Haryana High Court 
in Cr!. Appeal No. 291 DB of 1983, 511 ))B of 1983 & Cr!. Rev. 
No. 627 of !983.) 
Gopa/ S1.1bram1mium and S.K._S(lbarwal for the Appellant. 
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RAMESH KUMAR v. RAM KUMAR (Chinnappa Reddy, J.) 
, Kawa/jit Kochar and J.D. Jain for the Responde~t No. 1. 
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Miss Lily Thomas, for Respondent No. 2. 
The Judgment of the Court was delivered by 
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CaiNNAPPA REDDY, J. 
We are very unhappy about the judg-
'ment of the High Court. Both the respondents were convicted by the 
learned First. Additional Sessions Judge of.KurukShetra under s. 302 
read witk s. 34 of the I_ndia11 Penal Code · and 'each of them was 
lrenten~ed to. undergo imprisonment for life. On appeal, for very_ 
strange reasons, the High· Court acquitted the first 
respondent 
and converted _the conviction of the second respondent to one under 
1 304-A l. P. c: and reduced the sentence. to two years' rigorous 
imprisonme~t. What the High Court said speaks for itself. This 
is what the High CourtJsaid: 
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"However, we are told by the learned counsel for the 
parpes that they being· closely related some members of 
the village have.· intervened and have 
brought about 
some sort of arrangement under. which Ram Kumar 
appell~nt has already made a gift of three-acres . of land 
in favonr of Smt. Maya Devi widow of Chander Shekhar 
.·. as compensation on account of the loss of life ·of.her 
husbaad. 1 ho1,1gh this is not a matter which can be taken 
notice of by' thi~ Court, yet it has always been our desire to 
see that-enmity between close relations should be encoura-
. ged to come to an end. Since the father of Ramesh Kumar 
(P. W. 6) had lost h_is life, he could possibly have indulged 
in some exaggeration to magnify the nature of the offence. 
In the ·circumstances, we give• benefit of doubt to Ram 
Kumar appellant and acquit him. We convert the convition 
of RatRa appellant from one under section 302 to one under -
section 304~A, Indian Penal Code and Sentence him to 
undergo to years rigorous imprisonment Ram Kumar appel· 
!ant is ~m bait His bail bond shall siand ~charged." 
We can only say that the judgment.of the High Court has 
left us shocked and P?rplexed. 
We are at a total loss to understand 
it. The entire system o~ administration of Criminal justice is reduced 
to ~ mocke_ry, If the Judgment o( the ffigh Court is upheld, lt is 
as .1fa person. w~o- c1n afford to make gifts of land or money to t_he 
)!en's of the v1cttm may get away even with a charge_ of murder; 
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