RAMPAL SINGH versus STATE OF UP

Citation: [2012] 7 S.C.R. 160 · Decided: 24-07-2012 · Supreme Court of India · Bench: SWATANTER KUMAR · Disposal: Disposed off

Cited by 4 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
[2012] 7 S.C.R. 160 
RAMPAL SINGH 
v. 
STATE OF UP 
(Criminal Appeal No. 2114 of 2009) 
JULY 24, 2012 
[SWATANTER KUMAR AND FAKKIR MOHAMED 
IBRAHIM KALIFULLA, JJ.] 
Penal Code, 1860 - s. 304 Part I Is. 302 - Death of person 
c due to gunshot injury - Classification of the offence -
Determination of appropriate penal provision - Deceased had 
constructed a 'ladauri' - Accused-appellant broke the 'ladauri' 
and started throwing garbage on the vacant land of deceased 
- This led to altercation between the appellant and the 
0 
deceased and they also grappled with eac/:1 other - Appellant 
went to his house, took out a rifle and from a roof in the 
neighbourhood, shot at the deceased which ultimately 
resulted in his death - Conviction of appellant u/s.302 with life 
imprisonment by courts below - Propriety - Held: The 
E appellant and the deceased were related to each other and 
there was no previous animosity between them - The entire 
incident happened within a very short span of time - It was in 
a state of anger that the appellant shot at the deceased - But 
before shooting at the deceased, the appellant had asked 
DW1 (who was talking to deceased at that time) to keep away 
F - On this, the deceased had provoked the appellant by asking 
him to shoot if he had the courage - It was upon this 
provocation that the appellant fired the shot which hit the 
deceased in his stomach and ultimately resulted in his death 
- The appellant committed the offence without any pre-
G meditation - However, he was a person from the armed forces 
and knew the consequences of using a rifle - He had taken a 
clear aim at the lower part of the body, i.e. the stomach of the 
deceased - The offence was committed with the intent of 
causing a bodily injury which could result in death of the 
H 
RAMPAL SINGH v. STATE OF UP 
161 
deceased - It was thus not a case of knowledge simplicitor but A 
of intention ex facie - Conviction of appellant accordingly 
altered from that uls. 302 to one u/s. 304 Part I - Appellant 
sentenced to 1 O years rigorous imprisonment along with fine 
of Rs 10,000/-. 
B 
Penal Code, 1860 - ss. 300, 302 and 304 - Culpable 
homicide - When amounting to murder and when not 
amounting to murder - Distinction between the two parts of 
s.304 - Legal principles governing the distinction between 
ss.300, 302 on the one hand and s.304, Part I and II on the 
C 
other - Discussed. 
The prosecution case was that there was altercation 
between the appellant and his relative 'RKS', and they 
even grappled with each other as the appellant had 
demolished the ladauri constructed by 'RKS' and had 
D 
started throwing garbage on his vacant land; that though 
appellant and 'RKS' were thereafter separated by DW1 
and another person, but while DW1 was talking to 'RKS', 
the appellant climbed on a roof in the neighbourhood 
armed with a rifle and warned DW1 to keep away saying 
E 
that he wanted to shoot 'RKS' on which the latter 
remarked that he could shoot at him if he had the courage 
and on this, the appellant shot at 'RKS' with his rifle and 
ran away. 'RKS' was brought to the hospital. A bullet 
wound was found in the right side of his abdomen. 
F 
Subsequently, on account of the said i.njury, 'RKS' 
developed infection and died. The trial court convicted the 
appellant under Section 302 IPC and sentenced him to 
life imprisonment. The conviction and the sentence was 
affirmed by the High Court. 
G 
In the instant appeal, the appellant did not question 
the correctness of the concurrent findings of the courts 
below holding him guilty. The only contention raised by 
him was that even as per the case of the prosecution, 
taken at its best, the only offence that the appellant could 
H 
162 
SUPREME COURT REPORTS 
[2012] 7 S.C.R. 
A be said to have committed would be that under Part II of 
Section 304 IPC and not under Section 302 IPC. 
B 
Disposing of the appeal the Court, 
HELD: 
Distinction between ss.300, 302 IPC on the one hand and 
s.304, Part I and II IPC on the other. 
1.1. Sections 299 and 300 IPC deal with the definition 
C of 'culpable homicide' and 'murder', respectively. In terms 
of Section 299 IPC, 'culpable homicide' is described as 
an act of causing death (i) with the intention of causing 
death or (ii) with the intention of causing such bodily 
injury as is likely to cause death, or (iii) with the 
knowledge that such an act is likely to cause death. As 
D is clear from a reading of this provision, the former 

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