STATE OF HIMACHAL PRADESH versus RAKESH KUMAR

Citation: [2009] 8 S.C.R. 264 · Decided: 06-05-2009 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Case Partly allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2009) 8 S.C.R. 264 
A 
STATE OF HIMACHAL PRADESH 
V. 
RAKESH KUMAR 
(Criminal Appeal No. 1494 of 2003) 
B 
MAY 6, 20::19 
[S.B. SINHA AND DR. MUKUNDAKAM SHARMA, JJ.] 
,• 
Penal Code, 1860 - s. 302 - Fatal blow to deceased -
Conviction uls. 302 by trial court - However, acquittal by High 
c Court - On appeal held: Incident was witnessed by persons 
present in the house of deceased when incident occurred, 
thus witnesses were natural witnesses - Two hours before the 
incident, accused had abused the deceased - On basis of 
disclosure statement by accused blood stained knife was 
~ 
D recovered - Also, plea of alibi cannot be accepted - Thus, 
from all the evidence it is established that accused stabbed 
the deceased in his chest, resulting in his death - Order of 
acquittal being bad is set aside and that of trial court is 
restored. 
E 
The question which arose for consideration in this 
appeal was whether the High Court was· justified in 
acquitting the respondent-accused, by setting aside the 
f 
order ·of conviction uls. 302 IPC and sentence of rigorous 
F imprisonment for life with fine passed by the trial court. 
Partly allowing the appeal, the Court 
HELD: 1.1 .The presence of GK-PW 1, SR-PW-2 and 
G 
YP-PW 3 in the room was natural and that they could see 
that the deceased was stabbed in his chest immediately 
after he opened the door upon which he came back and 
told them about the incident. He was put on the cot and 
the place of the wound was pressed with cottons. In that 
H 
264 
STATE OF HIMACHAL PRADESH v. RAKESH 
265 
KUMAR 
...., 
view of the matter it would be natural that no blood was 
A 
found on the floor but the same was found on the cot and 
in the clothe that the deceased was wearing on that day. 
Therefore, acquittal of the respondent on the said ground, 
was not justified. [Para 10] [272-D-F] 
B 
1.2. PW-3 was the tenant of the room where PW-1, 
PW-2 and PW-3 were present at the time of occurrence 
·. 
along with the deceased. It has come in evidence that 
' 
about two hours before the incident the accused came 
to the place and abused the deceased upon which he c 
was sent back. After two hours of that incident the 
deceased received the said injury on his chest when he 
was going out of the room by opening the door. 
Immediately after receiving the said injury he came back 
,.. 
to the room and told all present including PW-1, PW-2 and 
D 
PW-3 that he was stabbed by the accused. Immediately 
thereafter he was given first aid and after arranging for a 
three wheeler he was taken to hospital where he could 
not be given any treatment and, therefore, he was taken 
to another hospital where he died. It is also established 
E 
from the record that immediately thereafter, the incident 
was reported to the police. [Para 11] [272-F-H; 273-A-C] 
. 
.f 
1.3. Respondent submitted that PW-1 first went to the 
hospital instead of going to the police station even 
F 
though the police station is located in between the 
I 
hospital and the place of occurrence and the said 
' 
conduct was not natural. There is no merit in such 
contention for the reason that when a person receives an 
injury and is still alive it is the natural conduct of the 
G 
... 
person accompanying him to see that his life could be 
saved. Therefore, the first endeavour is always to take 
the person to the hospital immediately so as to provide 
him medical treatment and only thereafter report the 
H 
266 
SUPREME COURT REPORTS 
[2009] 8 S.C.R. 
A incident to the police. Every minute was precious and, 
.. 
therefore, it is natural that the witnesses accompanying 
the deceased first tried to take him to the hospital so as 
to enable him to get immediate medical trea.tment. Such 
action was definitely in accordance with normal human 
B conduct and psychology. Hhen their efforts failed and 
the deceased died they immediately reported the incident 
to the police. In fact, it was a case of quick reporting to 
. 
the police. [Para 12] [273-C-G] 
c 
1.4. The accused also took up a plea of alibi. The trial 
court disbelieved the plea of alibi for which reasons are 
given in the judgment of the trial court. The said plea of 
alibi is without any merit as the presence of the 
respondent on the date of the incident at the place of 
D occurrence is conclusively proved as PW 1 to 3 
categorically stated in their evidence that the respondent 
had gone to the room where they were having a party at 
about 10.30 p.m. Therefore, the said plea of alibi

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