As per case facts, Swaran Singh (appellant) and his son Harjit Singh met Tarsem Singh (PW-6), Lakhwinder Singh (PW-7), and Baljinder Singh (deceased). During an altercation, Swaran Singh stabbed Baljinder ...
CRA-D-290-DB-2004(O&M) -1-
102 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRA-D-290-DB-2004(O&M)
Reserved on: 20.01.2026
Pronounced on:22.01.2026
Swarn Singh ...Appellant
vs.
State of Punjab …Respondent
Coram : Hon’ble Mr. Justice N.S.Shekhawat
Hon’ble Mr. Justice H.S.Grewal
Present : Mr. Arnav Sood, Advocate (Amicus Curiae)
for the appellant.
Mr. Rahul Jindal, AAG, Punjab.
***
N.S.Shekhawat J.
1. The appellant has filed the present appeal against the impugned
judgment of conviction and order of sentenced dated 11.09.2023 passed by the
learned Additional Sessions Judge (Adhoc), Amritsar, whereby, the appellant
has been convicted for commission of the offences punishable under Sections
302 of IPC.
2. The FIR (Ex. PC) in the present case was registered on the basis of
the statement made by Tarsem Singh S/o Mukhtar Singh and the same has been
reproduced below:-
“Statement of Tarsem singh s/o Mukhtiar Singh, aged
about 35 years, caste Mazhbi, r/o village Khasa. It is stated that I
am a resident of village Khasa and do labour work. Today, it was
about 7 p.m. I, Baljinder Singh s/o Gurbachan Singh, Mazhbi r/o
Khase, who is my cousin (my real maternal aunt's son) and his
brother Lakhwinder Singh @ Lakha, r/o Khase, the three of us had
CRA-D-290-DB-2004(O&M) -2-
gone to fields via Kuthoha way on the side of railway lines to get
ease of and were returning home, and when we reached at the
bridge near the fields of Baljit Singh, Beharwale, accused Swaran
Singh @ Soni s/o Radha Singh and his son Harjit singh, who had
covered themselves with coarse cloth-sheets(Khes), were seen
coming from the side of the village. Swaran Singh asked Baljinder
Singh who are you. In reply, Baljinder Singh asked if he had
recognized him and further told that he was Baljinder. Upon that,
Harjit Singh son of Swaran Singh raised a Lalkara and said to his
father that he should not be spared that day. At the same time, both
of them grappled with Baljinder Singh on this I and Lakhwinder
Singh tried to separate each other. While we were trying to
separate them, Swaran Singh took out a dagger from the wrapping
cloth of his body and gave blow to Baljinder Singh which struck his
stomach. Baljinder Singh raised noise-"Mar ditta" and further
requested for help. Blood began to come out from the stomach of
Baljinder Singh and he fell flat. While we were trying to handle
him, both the father and son ran away from the spot alongwith
their weapons, within no time, we took him to our house. Then we
took tempo (vehicle) from Giani Jaswant Singh of village Khasa.
We viz Lakhwinder Singh, Gurbachan Singh father of Baljinder
Singh, I and other people of the village took Balinder Singh to
Govt. hospital, on that vehicle, when he died. The cause of enmity
is that about 8-9 months back from that day, Swaran Singh and his
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son grappled with Baljinder Singh, on the issue that Baljinder
Singh had an illicit relation with the daughter of Swaran Singh and
a verbal compromise was effected in the village itself. Swaran
Singh and his son Harjit Singh have killed Baljinder Singh with
common intention for that very reason of enmity. Leaving
Lakhwinder Singh son of Gurbachan Singh, there for the security
of the dead-body. I and Gurbachan Singh were going to the police
station for information where you met us. The statement has been
recorded to you. The same has been heard and admitted to be
correct. I claim that legal action be taken against them.
Attested L.T.I. of abovesaid
Sd/SI PS: Chheharta Tarsem Singh.
Dated 05.12.2000.”
3. After registration of the FIR, the dead body was shifted to the
hospital for post-mortem examination. Sukhdev Singh, SI/SHO went to the
hospital and prepared the inquest report (Ex.PB). The rough site plan of the
place of occurrence was prepared and the statement of the witnesses were
recorded. On 06.12.2000, the appellant was arrested and was interrogated. In
pursuance of the disclosure statement suffered by him, he got recovered a
churri (knife), which was concealed by him. However, after taking into
possession, the knife (churri) was sealed in a sealed parcel and was taken into
possession by the police. After completing the necessary investigation, challan
was presented against the appellant by the police under Section 302 IPC.
4. After committing the case to the Court of Sessions, the trial Court
considered the challan and the documents accompanying it on 28.09.2001 and
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found that a prima facie case under Section 302 IPC was made out against the
appellant. Ultimately, the appellant was charge-sheeted for commission of the
offence under Section 302 IPC and pleaded that he has been falsely implicated
in the present case and claimed to be tried by the trial Court.
5. During the course of trial, the prosecution examined PW-1, Dr.
Gurmanjit Rai, Lecturer, Department of Forensic Medicines, Government
Medical College, Amritsar, who had conducted the post-mortem examination
on the dead body of Baljinder Singh at about 12:40 p.m. on 05.12.2000. In his
testimony, Dr. Gurmanjit Rai, PW-1 stated as under:-
“The length of body was 5’7". It was a dead-body of young
male, well built and well nourished, wearing white shirt, with black
lines, white banyan, brown underwear, green pant and biscuit
coloured socks. Rigor mortis was present all over the body. Post-
mortem staining was present on the back of body sparing areas of
contact. Banyan and shirt were having cut holes corresponding to
the injury and clothes were found blood stained. Eyes and mouth
were found closed. I found the follwing injuries:-
1. Incised stab wound 2.2 x 0.8 cm was present on front of left
side of chest, 7 cms below nipple, at 5 clock position, clotted blood
was present.
On dissection: enterior chest wall, left lung, left pleura,
diaphragn and mesentry omentum and vessels were having cut
injuries, Left plerural cavity was having 1200 c.c. fluid blood and
peritoneal cavity was having about 700 c.c. of bluid and clotted
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blood. Both lungs, liver and spleen were found pale on dissection.
Stomach was found having about 230 c.c semi digested food.
The rest of the organs were found normal.
Injury No.1 was ante-mortem in nature. The cause of death
in this cage was haemorrhage and shock as a result of injury No.1,
which was sufficient to cause death in the ordinary course of
nature. Probable time elapsed between injury and death was within
few minutes to an hour and between death and post-mortem was
about 12 to 24 hours. I handed over to police:-
1. Stitched dead-body after post-mortem examination along
with its belongings duly signed by me.
2. Carbon copy of P.M.R.
3. Police papers 1 to 14 pages duly signed by me.
EX.PD is the correct carbon of the post-mortem report and Ex.
PD/1 is the pictorial diagram showing the seats of injuries, the
original of which I have brought today in the Court and the same
bear my signatures.”
6. The prosecution further examined PW-2, HC Mukesh Kumar and
PW-3 Constable Narinder Kumar, PW-4 Constable Mohinder Pal and PW5
Constable Jaswant and the testimonies of all these witnesses were formal in
nature. The prosecution further examined PW-6 Tarsem Singh, who supported
the case of the prosecution in toto. On the basis of his statement, the FIR
(Ex.PC) was registered against the present appellant and his son. The
prosecution further examined PW-7 Lakhwinder Singh, who also supported the
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testimony of PW-6, Tarsem Singh. The prosecution further examined PW-8
Rishi Ram, draftsman, who had prepared the scaled site plan and exhibited the
same as Ex.PK. He was also cross-examined by the appellant. The prosecution
further examined Sukhwinder Singh as PW-9 and he also supported the
testimony of PW-6 Tarsem Singh and PW-7 Lakhwinder Singh. He had initially
recorded the statement of Tarsem Singh, complainant and had obtained his
signatures. He also went to the hospital alongwith Tarsem Singh and Gurbachan
Singh and prepared the inquest report (Ex.PB). He also recorded the statements
of various witnesses, before the arrest of the main accused and had sent the
parcels to the FSL for examination.
7. After recording the prosecution evidence, the statement of Swaran
Singh was recorded under Section 313 Cr.P.C. and he stated that he was
innocent and he had been falsely implicated in the present case. In defence, no
evidence was produced by the appellant and thereafter, his evidence was also
ordered to be closed by the trial Court.
8. Learned counsel for the appellant has vehemently argued that both
the eyewitnesses, namely, PW-6 Tarsem Singh and PW-7 Lakwinder Singh
were closely related to Baljinder Singh (since deceased) and their testimonies
were not reliable as they had made considerable improvements in their
respective testimonies. Still further, the occurrence had taken place at about
7 p.m. and it was impossible to identify all the assailants at that time. Apart
from that, the version of the prosecution was highly improbable and
unbelievable. Still further, there was considerable delay in registration of the
FIR in the present case. Learned counsel for the appellant further submits that
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the appellant had no intention to commit the murder of the deceased. The
occurrence had taken place at the spur of the moment and it is apparent that the
deceased had suffered only one injury on his person. Consequently, in the
alternative, he prayed that the appellant may be convicted under Section 304
Part I of IPC, instead of Section 302 IPC.
9. On the other hand, learned State counsel submits that the
testimonies of PW-6 Tarsem Singh and PW-7 Lakhwinder Singh cannot be
rejected on the ground that they are closely related to the deceased. In fact, from
the facts, it is apparent that the witnesses used to live there only and from the
prosecution evidence, it is apparent that both of them had been staying together.
Apart from that, the matter was reported to the police without any delay. He
has vehemently opposed the submissions made by learned counsel for the
appellant and submitted that the prosecution had proved the case against the
appellant beyond the shadow of reasonable doubt. In fact, Tarsem Singh (PW-6)
and Lakhwinder Singh (PW-7) were the eyewitnesses of the occurrence and
their presence at the place of occurrence was natural and believable. Further,
even the matter was reported to the police without any unreasonable delay. Still
further, the deceased was having inimical relations with the appellant and due to
this, he was eliminated by the appellant and the offence under Section 302 IPC
is clearly made out against him. Further, it is a case of eyewitness account and
the statements of PW-6 Tarsem Singh and PW-7 Lakhwinder Singh are liable to
be believed by this Court.
10. We have heard learned counsel for the parties and perused the
record carefully.
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11. The case of the prosecution was unfolded by complainant-Tarsem
Singh (PW-6), who stated that at about 7 p.m. he, Lakhwinder Singh (PW-7)
and Baljinder Singh (since deceased) had gone in the fields to ease themselves
and while returning, Baljinder Singh, deceased was ahead of them. When they
reached near the small bridge for washing their hands, Swaran Singh, appellant
and his son, Harjit Singh met them there. Swaran Singh asked the deceased as
to who he was. Baljinder Singh, deceased had told his name to him and had
asked him as to whether he had identified him. Then Swaran Singh, accused
and Baljinder Singh then grappled with each other and both of them were
wearing khes (sheet) around their bodies. Harjit Singh exhorted by stating that
Baljinder Singh should not be spared. Even Harjit Singh had taken Baljinder
Singh into his arms and Swaran Singh gave a blow with Chhuri (long knife),
which he was having under his khes and gave a blow on the stomach of the
deceased. Swaran Singh and Harjit Singh had fled away alongwith Chhura.
Baljinder Singh had fallen down and some blood also oozed out of the injury
from his person. Lakhwinder Singh (PW-7) had tied a Parna over the injury of
Baljinder Singh and had taken him home. He was given milk by the lady at
home and was immediately rushed to the hospital in the tempo of Jaswant
Singh. He was declared dead in the hospital. In his cross-examination, he stated
that it was pitch dark at the time of incident and the persons were not visible.
However, the faces of accused and his son were visible to them. The testimony
of PW-6, Tarsem Singh has been duly corroborated by PW-7 Lakwinder Singh,
who was also present the place of occurrence and had witnessed the causing of
injuries by appellant and his son to Baljinder Singh. He also stated that Swaran
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Singh, appellant was suspecting that Baljinder Singh, deceased was having
illicit relations with his daughter.
12. The statements of PW-6, Tarsem Singh and PW-7, Lakhwinder
Singh were found to be correct during the course of investigation by the police.
The prosecution examined PW-9, Sukhwinder Singh, who was posted as
SI/SHO of the concerned Police Station on the date of occurrence. He recorded
the statement of Tarsem Singh and made an endorsement on the same and on
the basis of the said statement, the FIR (Ex.PC) was registered in the Police
Station. He also prepared the inquest report (Ex. PB) and sent the visra to FSL.
He also recorded the statements of other witnesses and prepared the rough side
plan (Ex.PL). Even various other incriminating material was also taken into
possession by him. On 06.12.2000, Ajit Singh produced Swaran Singh,
appellant and Harjit Singh, co-accused in police post, Khasa, and he arrested
both of them. In pursuance of his disclosure statement, on 08.12.2000, Swaran
Singh, appellant got recovered a Churri (Knife) from his house. The knife was
taken into possession by the police, vide memo (Ex.PQ) and the rough site plan
of the face of recovery was also prepared as Ex.PR. He recorded the statement
of witnesses and also sent the knife and other articles for examination.
13. As observed above, PW-6, Tarsem Singh and PW-7, Lakwinder
Singh had categorically stated that Swaran Singh, appellant had caused an
injury on the stomach of Baljinder Singh, deceased with a Churri (long knife).
As per Dr. Gurmanjit Rai (PW-1), the deceased had suffered the following
injury:-
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“1. Incised stab wound 2.2 x 0.8 cm was present on front
of left side of chest, 7 cms below nipple, at 5 clock position, clotted
blood was present.
On dissection: enterior chest wall, left lung, left pleura,
diaphragn and mesentry omentum and vessels were having cut
injuries, Left plerural cavity was having 1200 c.c. fluid blood and
peritoneal cavity was having about 700 c.c. of bluid and clotted
blood. Both lungs, liver and spleen were found pale on dissection.
Stomach was found having about 230 c.c semi digested food.
Rest of the organs were found normal.”
As per PW-1, Dr. Gurmanjit Rai, injury No.1 was anti-mortem in
nature and the cause of death in this case was haemorrhage and shock as a result
of injury No.1, which was sufficient to cause death in the ordinary course of
nature. He also proved on record the post-mortem report as Ex.PD.
14. Learned counsel for the appellant had vehemently argued that both
the eyewitnesses were close relatives of the deceased and were discrepant on
material particulars of the case and had also made several improvements in their
earlier version and should not have been relied upon by the trial Court.
However, after perusal of the testimonies of PW-6, Tarsem Singh and PW-7,
Lakhwinder Singh, we find no grounds to accept the said submission. We have
carefully perused the testimonies of both the witnesses and find that there are
minor discrepancies in the statements of both the witnesses, which have been
correctly ignored by the trial Court as well. We are of the considered opinion
that both the witnesses were rustic villagers and had appeared before the trial
Court as witnesses after several months and such insignificant contradictions
are liable to be ignored by the appellate Court. Both the witnesses had given the
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same time and date of the occurrence and from a perusal of their respective
testimonies, it is apparent that both the witnesses had narrated the vivid account
of the entire occurrence. Both the witnesses had specifically alleged that on
reaching, Swaran Singh, appellant asked the deceased as to who he was and he
replied that he was Baljinder Singh and as to how he had not identified him.
Thus, on all material particulars, the testimony of PW-6, Tarsem Singh finds
corroboration from the testimony of PW-7, Lakhwinder Singh. Apart from that,
even though it was pitch dark, yet both the parties were known to each other.
Even, in darkness, a witness can easily identify his co-villager, whom had been
seen for the last several years and it cannot be stated that the witnesses had not
identified the accused in the present case.
15. Apart from that, the testimonies of PW-6 Tarsem Singh and PW-7,
Lakhwinder Singh find corroboration from the medical evidence and from the
testimony of Dr.Gurmanjit Rai i.e. PW-1, it is apparent that the deceased had
suffered one incised stabbed wound on the left side of his chest, 7 cms below
nipple and clotted blood was present on the same. Even the statements of both
the witnesses were duly investigated by the police and both the witnesses were
found to be truthful, even during a course of investigation. Thus, there is no
doubt that the injury on the chest of person was caused with the help of a knife
by Swaran Singh, appellant and PW-6 Tarsem Singh and PW-7 Lakhwinder
Singh had duly identified him as the accused.
16. During the course of arguments, learned counsel for the appellant
has raised an argument, in alternative and has submitted that the essentials of
Section 302 IPC are completely missing in the instant case and rather, the
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appellant is liable to be convicted for commission of the offence under Section
304, Part I of IPC. It was a case of single injury and the occurrence had taken
place at the spur of the moment, without any pre-meditation. Apart from that,
neither the appellant had acted with cruel or unusual manner and even had not
repeated the blows with a knife. Consequently, the appellant may be convicted
for commission of offence under Section 304 Part II (1) IPC.
17. The Hon’ble Supreme Court, in similar circumstances, considered
the Exception No.4 of Section 300 IPC in the matter of “Mahesh Balmiki Vs.
State of M.P., (2000) 1 SCC 319, and held as follows:-
"9. ... there is no principle that in all cases of a single blow Section
302 IPC is not attracted. A single blow may, in some cases, entail
conviction under Section 302 IPC, in some cases under Section
304 IPC and in some other cases under Section 326 IPC. The
question with regard to the nature of offence has to be determined
on the facts and in the circumstances of each case. The nature of
the injury, whether it is on the vital or non-vital part of the body,
the weapon used, the circumstances in which the injury is caused
and the manner in which the injury is inflicted are all relevant
factors which may go to determine the required intention or
knowledge of the offender and the offence committed by him. In the
instant case, the deceased was disabled from saving himself
because he was held by the associates of the appellant who
inflicted though a single yet a fatal blow of the description noted
above. These facts clearly establish that the appellant had the
intention to kill the deceased. In any event, he can safely be
attributed the knowledge that the knife-blow given by him was so
imminently dangerous that it must in all probability cause death or
such bodily injury as is likely to cause death."
CRA-D-290-DB-2004(O&M) -13-
18. Similar observations have been made by the Hon’ble Supreme
Court in the matter of “Dhirajbhai Gorakhbhai Nayak Vs. State of Gujarat
(2003) 9 SCC 322, wherein it was held as follows:-
"11. The fourth exception of Section 300 IPC covers acts
done in a sudden fight. The said Exception deals with a case of
prosecution (sic provocation) not covered by the first exception,
after which its place would have been more appropriate. The
Exception is founded upon the same principle, for in both there is
absence of premeditation. But, while in the case of Exception 1
there is total deprivation of self-control, in case of Exception 4,
there is only that heat of passion which clouds men's sober reason
and urges them to deeds which they would not otherwise do. There
is provocation in Exception 4 as in Exception 1, but the injury done
is not the direct consequence of that provocation. In fact, Exception
4 deals with cases in which notwithstanding that a blow may have
been struck, or some provocation given in the origin of the dispute
or in whatever way the quarrel may have originated, yet the
subsequent conduct of both parties puts them in respect of guilt
upon an equal footing. A "sudden fight" implies mutual
provocation and blows on each side. The homicide committed is
then clearly not traceable to unilateral provocation, nor could in
such cases the whole blame be placed on one side. For if it were
so, the Exception more appropriately applicable would be
Exception 1. There is no previous deliberation or determination to
fight. A fight suddenly takes place, for which both parties are more
or less to be blamed. It may be that one of them starts it, but if the
other had not aggravated it by his own conduct it would not have
taken the serious turn it did. There is then mutual provocation and
aggravation, and it is difficult to apportion the share of blame
which attaches to each fighter. The help of Exception 4 can be
invoked if death is caused (a) without premeditation, (b) in a
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sudden fight, (c) without the offenders having taken undue
advantage or acted in a cruel or unusual manner, and (d) the fight
must have been with the person killed. To bring a case within
Exception 4 all the ingredients mentioned in it must be found. It is
to be noted that the "fight" occurring in Exception 4 to Section 300
IPC is not defined in IPC. It takes two to make a fight. Heat of
passion requires that there must be no time for the passions to cool
down and in this case, the parties had worked themselves into a
fury on account of the verbal altercation in the beginning. A fight is
a combat between two and more persons whether with or without
weapons. It is not possible to enunciate any general rule as to what
shall be deemed to be a sudden quarrel. It is a question of fact and
whether a quarrel is sudden or not must necessarily depend upon
the proved facts of each case. For the application of Exception 4, it
is not sufficient to show that there was a sudden quarrel and there
was no premeditation. It must further be shown that the offender
has not taken undue advantage or acted in a cruel or unusual
manner. The expression "undue advantage" as used in the
provision means "unfair advantage".”
19. In another landmark judgment, “Pulicherla Nagaraju v. State of
A.P.”, (2006) 11 SCC 444, the ingredients of the offences under Sections 302,
304 Part I and 304 Part II IPC came up for consideration before the Hon’ble
Supreme Court, and it was held as follows:–
“29. Therefore, the court should proceed to decide the
pivotal question of intention, with care and caution, as that will
decide whether the case falls under Section 302 or 304 Part I or
304 Part II. Many petty or insignificant matters - plucking of a
fruit, straying of cattle, quarrel of children, utterance of a rude
word or even an objectionable glance, may lead to altercations and
group clashes culminating in deaths. Usual motives like revenge,
greed, jealousy or suspicion may be totally absent in such cases.
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There may be no intention. There may be no premeditation. In fact,
there may not even be criminality. At the other end of the spectrum,
there may be cases of murder where the accused attempts to avoid
the penalty for murder by attempting to put forth a case that there
was no intention to cause death. It is for the courts to ensure that
the cases of murder punishable under Section 302, are not
converted into offences punishable under Section 304 Part I/II, or
cases of culpable homicide not amounting to murder, are treated as
murder punishable under Section 302. The intention to cause death
can be gathered generally from a combination of a few or several
of the following, among other, circumstances: (i) nature of the
weapon used; (ii) whether the weapon was carried by the accused
or was picked up from the spot; (iii) whether the blow is aimed at a
vital part of the body; (iv) the amount of force employed in causing
injury; (v) whether the act was in the course of sudden quarrel or
sudden fight or free for all fight; (vi) whether the incident occurs
by chance or whether there was any premeditation; (vii) whether
there was any prior enmity or whether the deceased was a
stranger; (viii) whether there was any grave and sudden
provocation, and if so, the cause for such provocation; (ix) whether
it was in the heat of passion; (x) whether the person inflicting the
injury has taken undue advantage or has acted in a cruel and
unusual manner; (xi) whether the accused dealt a single blow or
several blows. The above list of circumstances is, of course, not
exhaustive and there may be several other special circumstances
with reference to individual cases which may throw light on the
question of intention. Be that as it may.”
20. In another case, “State of Rajasthan Vs. Kanhaiya Lal (2019) 5
SCC 639, the Hon’ble Supreme Court has held as follows:-
“7.3. In Arun Raj [Arun Raj v. Union of India, (2010) 6 SCC
457 : (2010) 3 SCC (Cri) 155] this Court observed and held that
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there is no fixed rule that whenever a single blow is inflicted,
Section 302 would not be attracted. It is observed and held by this
Court in the aforesaid decision that nature of weapon used and
vital part of the body where blow was struck, prove beyond
reasonable doubt the intention of the accused to cause death of the
deceased. It is further observed and held by this Court that once
these ingredients are proved, it is irrelevant whether there was a
single blow struck or multiple blows.
7.4. In Ashokkumar Magabhai Vankar [Ashokkumar Magabhai
Vankar v. State of Gujarat, (2011) 10 SCC 604 : (2012) 1 SCC
(Cri) 397], the death was caused by single blow on head of the
deceased with a wooden pestle. It was found that the accused used
pestle with such force that head of the deceased was broken into
pieces. This Court considered whether the case would fall under
Section 302 or Exception 4 to Section 300 IPC. It is held by this
Court that the injury sustained by the deceased, not only exhibits
intention of the accused in causing death of victim, but also
knowledge of the accused in that regard. It is further observed by
this Court that such attack could be none other than for causing
death of victim. It is observed that any reasonable person, with any
stretch of imagination can come to conclusion that such injury on
such a vital part of the body, with such a weapon, would cause
death.
7.5. A similar view is taken by this Court in the recent decision in
Leela Ram (supra) and after considering catena of decisions of this
Court on the issue on hand i.e. in case of a single blow, whether
case falls under Section 302 or Section 304 Part I or Section 304
Part II, this Court reversed the judgment and convicted the
accused for the offence under Section 302 IPC. In the same
decision, this Court also considered Exception 4 of Section 300
IPC and observed in para 21 as under: (SCC para 21)
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"21. Under Exception 4, culpable homicide is not murder if the
stipulations contained in that provision are fulfilled. They are: (i)
that the act was committed without premeditation; (ii) that there
was a sudden fight; (iii) the act must be in the heat of passion upon
a sudden quarrel; and (iv) the offender should not have taken
undue advantage or acted in a cruel or unusual manner."
21. Similarly, in the matter of “Bavisetti Kameswara Rao Vs. State of
A.P.” (2008) 15 SCC 725, the Hon’ble Supreme Court has observed as under:-
“13. It is seen that where in the murder case there is only a
single injury, there is always a tendency to advance an argument
that the offence would invariably be covered under Section 304
Part II IPC. The nature of offence where there is a single injury
could not be decided merely on the basis of the single injury and
thus in a mechanical fashion. The nature of the offence would
certainly depend upon the other attendant circumstances which
would help the court to find out definitely about the intention on
the part of the accused. Such attendant circumstances could be
very many, they being (i) whether the act was premeditated; (ii) the
nature of weapon used; (iii) the nature of assault on the accused.
This is certainly not an exhaustive list and every case has to
necessarily depend upon the evidence available. As regards the
user of screwdriver, the learned counsel urged that it was only an
accidental use on the spur of the moment and, therefore, there
could be no intention to either cause death or cause such bodily
injury as would be sufficient to cause death. Merely because the
screwdriver was a usual tool used by the accused in his business, it
could not be as if its user would be innocuous.
14. In State of Karnataka v. Vedanayagam [(1995) 1 SCC 326 :
1995 SCC (Cri) 231] this Court considered the usual argument of
a single injury not being sufficient to invite a conviction under
Section 302 IPC. In that case the injury was caused by a knife. The
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medical evidence supported the version of the prosecution that the
injury was sufficient, in the ordinary course of nature to cause
death. The High Court had convicted the accused for the offence
under Section 304 Part II IPC relying on the fact that there is only
a single injury. However, after a detailed discussion regarding the
nature of injury, the part of the body chosen by the accused to
inflict the same and other attendant circumstances and after
discussing clause Thirdly of Section 300 IPC and further relying on
the decision in Virsa Singh v. State of Punjab [AIR 1958 Supreme
Court 465], the Court set aside the acquittal under Section 302
IPC and convicted the accused for that offence. The Court (in
Vedanayagam case [(1995) 1 SCC 326 : 1995 SCC (Cri) 231],
SCC p. 330, para 4) relied on the observation by Bose, J. in Virsa
Singh case [AIR 1958 Supreme Court 465] to suggest that: (Virsa
Singh case [AIR 1958 Supreme Court 465], AIR p. 468, para 16)
"16. ... With due respect to the learned Judge he has linked up the
intent required with the seriousness of the injury, and that, as we
have shown, is not what the section requires. The two matters are
quite separate and distinct, though the evidence about them may
sometimes overlap."
The further observation in the above case were: (Virsa Singh case
[AIR 1958 Supreme Court 465], AIR p. 468, paras 16 & 17)
"16. ... The question is not whether the prisoner intended to inflict
a serious injury or a trivial one but whether he intended to inflict
the injury that is proved to be present. If he can show that he did
not, or if the totality of the circumstances justify such an inference,
then, of course, the intent that the section requires is not proved.
But if there is nothing beyond the injury and the fact that the
appellant inflicted it, the only possible inference is that he intended
to inflict it. Whether he knew of its seriousness, or intended serious
consequences, is neither here nor there. The question, so far as the
intention is concerned, is not whether he intended to kill, or to
CRA-D-290-DB-2004(O&M) -19-
inflict an injury of a particular degree of seriousness, but whether
he intended to inflict the injury in question; and once the existence
of the injury is proved the intention to cause it will be presumed
unless the evidence or the circumstances warrant an opposite
conclusion. But whether the intention is there or not is one of fact
and not one of law. Whether the wound is serious or otherwise, and
if serious, how serious, is a totally separate and distinct question
and has nothing to do with the question whether the prisoner
intended to inflict the injury in question.
17. ... It is true that in a given case the enquiry may be linked up
with the seriousness of the injury. For example, if it can be proved,
or if the totality of the circumstances justify an inference, that the
prisoner only intended a superficial scratch and that by accident
his victim stumbled and fell on the sword or spear that was used,
then of course the offence is not murder. But that is not because the
prisoner did not intend the injury that he intended to inflict to be as
serious as it turned out to be but because he did not intend to inflict
the injury in question at all. His intention in such a case would be
to inflict a totally different injury. The difference is not one of law
but one of fact;." (emphasis supplied) ”
22. Now, we will proceed to examine the evidence led in the present
case in the light of the aforementioned decisions. In fact, from the statements
made by PW-6 Tarsem Singh and PW-7 Lakhwinder Singh, it is apparent that in
the early morning of 04.12.2000, they alongwith Baljinder Singh, deceased had
gone to ease themselves in the fields. It was pitch dark and while returning,
they had met the appellant and his son, Harjit Singh. Even it is an admitted case
of the prosecution that the present appellant suspected that Baljinder Singh,
deceased, was having illicit relations with his daughter. When Baljinder Singh
CRA-D-290-DB-2004(O&M) -20-
said something in reply to Swaran Singh, appellant, there was a scuffle between
both of them and the appellant had caused injury with a knife on the chest of the
deceased. Even only one injury was caused and apparently, the blows were not
repeated by him. Apart from that, it is also apparent that neither the appellant
had taken undue advantage, nor had acted in a cruel or unusual manner. Even
after causing one injury, the appellant and his son fled from the place of
occurrence. Consequently, in the peculiar facts and circumstances of the present
case, culpable homicide cannot be said to be a murder, as defined in Section
300 IPC and rather the case would fall under Section 304 Part I of IPC. In fact,
the accused had inflicted blow with a knife and he inflicted an injury on the
vital part of the deceased, consequently, it has to be presumed that causing such
injury was likely to cause death. Thus, we agree with the submissions made by
learned counsel for the appellant that the offence under Section 302 IPC is
diluted and the appellant is ordered to be held guilty for commission of the
offence punishable under Section 304 Part I IPC.
23. As a consequence of the above discussion, the appellant is ordered
to be convicted for commission of the offence under Section 304 Part I IPC and
the impugned judgement of conviction is liable to be modified to that extent.
Now, adverting to the order of sentence, it is apparent that as per the charge-
sheet dated 28.09.2001, which is part of the trial Court record, the appellant was
aged about 70 years. Consequently, it can be safely presumed that as on today,
the appellant is aged more than 94 years. Apart from that, the FIR (Ex.PC) in
the present case was registered on 05.12.2000 and admittedly, the appellant is
facing the agony of investigation, trial and appeal since the last more than 25
CRA-D-290-DB-2004(O&M) -21-
years. Still further, as per the custody certificate produced by learned State
counsel, the appellant has already actually undergone more than 6 years and 4
months of sentence. However, his total custody including remissions, as per
custody certificate produced by learned State counsel, he has undergone more
than 11 years and 4 months of sentence. Consequently, keeping in view the old
age of the appellant and the period undergone by him, the sentence imposed on
the appellant is reduced to the period already undergone by him.
24. As an upshot of the above discussion, the impugned judgment and
order dated 11.09.2003 passed by the Court of Additional Sessions Judge
(Adhoc), Amritsar are modified to the extent that the appellant is ordered to be
convicted for the commission of offence under Section 304 Part I IPC and is
sentenced to the period already undergone by him. The amount of fine will
remain the same.
25. With these modifications, the present appeal is ordered to be partly
allowed. Pending application, if any, stand disposed of.
26. Case property, if any, be dealt with, and destroyed after the expiry
of period of limitation for filing the appeal, in accordance with law.
27. The Trial Court record be sent back.
(N.S.SHEKHAWAT)
JUDGE
(H.S.GREWAL)
JUDGE
22.01.2026
hemlata Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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