LexSTATE OF MADHYA PRADESH versus GOLOO RAIKWAR AND ANR.
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[2016) 2 S.C.R. 277 STATE OF MADHYA PRADESH v. GOLOO RAIKWAR AND ANR. (Criminal Appeal No. 185of2016) MARCH 02, 2016 [JAGDISH SINGH KHEHAR AND C. NAGAPPAN, JJ.] Penal Code, 1860: s. 304 Part I - Prosecution case was that PW-I and his uncle victim-deceased were on their way - They sm;• all the accused persons armed with weapons coming towards them - Accused-B hurled a country bomb at them - On explosion, they fell down - Accused-B dealt a blow of sword to PWJ and other accused also assaulted him with weapons - PWJ saw accused persons assaulting the victim-deceased with their weapons - PWJ ran and informed PW3, brother of the deceased - Deceased was . rushed to hospital where he was declared dead - Conviction by trial court u/s. 302 and life imprisonment - High Court noted that injury no.3 was not on vital part of the body and other injuries were not fatal in nature and ther~fore, since intention to commit murder of the deceased was not established, the offence was. not murder and. therefore, modified conviction to one u/s.304 Part 1 and awarded RI for 10 years - States appeal against modification of conviction and reduction of sentence - Held: The doctor who conducted the autop~y stated that the injuries found on the body were sufficient to cause death - The fact that the accused hurled country made bombs was established - The incised injuries caused · to the deceased were intentional and were sufficient to cause death in the ordinary course of nature even if it cannot be said that his death was intended -This was sufficient to bring the case within thirdly of s.300 - High Court was in error in altering the conviction of the respondents/accused from one u!s. 302 to that u/s .. 304-1 - Order of trial court restored. Allowing the appeal, the Court HELD: 1. When the deceased along with PWl were going A B c D E F G to eat betals respondents/accused came from the front side and second respondent pelted country bomb at them and inflicted blow of sword on the deceased and the other accused assaulted H 277 278 A B c D E SUPREME COURT REPORTS [2016] 2 S.C.R. the deceased with sword, Gupti and Kankur and they also attacked PWl with weapons. The deceased was soiled in blood and was moanhr and on being taken to hospital, was declared dead. lnjuri~s no.I to 4 found on the body of the deceased were incised wounds and 3"' and 4" of them were inflicted on the right knee joint and head respectively. The doctor who conducted the autopsy stated that the injuries found on the body were sufficient to cause death. It was pointed ont that the cause of death was excessive haemorrhage from injury no.3 which was on the knee. [Para 8] [281-E-G] 2. The fact that the accused hurled country made bombs was established. The incised injuries caused to the deceased were intentional and were sufficient to cause death in the ordinary course of nature even if if cannot be said that his death was intended. This is sufficient to bring the case within thirdly of Section 300. [Para 10] [282-G] State of Andhra Pradesh vs. Rayavarapu Pu1111ayya and Am: (1976) 4 SCC 382: 1977 (1) SCR 601 - referred to. Case Law Reference 1977 (1) SCR 601 referred to. Para 9 CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 185 of2016. From the Judgment and order dated 26.09.2012 of the High Court of Madhya Pradesh Principal Seat at Jabalpur in Criminal Appeal No. F 1797 of2004. Ankit Kr. Lal, Mishra Saurabh, Advs., for the Appellant. Akshat Shrivastava, Adv., for the Respondents. The Judgment of the Court was delivered by G C. NAGAPPAN, J. I. Leave granted. 2. This appeal is preferred against the judgment dated 26.9.2012 passed by the High Court of Madhya Pradesh Principal seat at Jabalpur in Criminal Appeal No. 1797 of 2004 whereby the High Court partly allowed the appeal filed by the respondents/accused, by setting aside H their conviction under Section 302 IPC and convicted them for the STATE OF MADHYA PRADESH v. GOLOO RAIKWAR re. NAGAPPAN, J.l offence under Section 304 Part I IPC and thereby reducing their sentence from life imprisonment to Rigorous Imprisonment for I 0 years. 3. Briefly the facts are as follows: Deceased Hari Choudhary is the uncle of PWl Kallu Choudhary. On 15.8.2000 at about 3.30 p.m. both of them were going to eat betel and on their way they saw respondent no.1 /accused Golu, respondent no.2/accused Bhura and three other accused namely Puttu@ Ram Chara
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