Non-Reportable

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.        47    OF 2009 [Arising 0ut of S.L.P. (Crl.) No.7738 OF 2008]

Ramdas                             .....           Appellant

Versus

State of Madhya Pradesh                     .....       Respondent

O R D E R

Lokeshwar Singh   Panta  , J.   

1. Delay condoned.

2. Special leave granted.

3. This  appeal  arises  out  of  judgment  dated  26.10.2007

passed  by  the  High  Court  of  Madhya  Pradesh,  Bench  at

Gwalior, whereby and whereunder the appeal preferred by the

appellant  has  been  partly  allowed.   By  the  impugned

judgment, the learned Single Judge of the High Court altered

the conviction of the appellant from Section 307 of the Indian

Penal Code (for short ‘IPC’) to Section 324 IPC recorded by the

learned  Sessions  Judge,  Morena,  in  Sessions  Trial  No.

190/1999 and sentenced him to suffer rigorous imprisonment

for 3 years instead of 7 years as imposed by the trial judge.

Fine  of  Rs.2,000/-,  out  of  which a  sum of  Rs.1,500/-  was

ordered  to  be  paid  to  Smt.  Shakuntla  Bai  (PW-4)  widow of

deceased Krishna Sharma, has not been interfered with.

4. The incident leading to the prosecution of the appellant

occurred  on  20.08.1994  at  Village  Purawas  Khurd,  Police

Station Sihoniy, District Morena, Madhya Pradesh. According

to the prosecution, one month prior to the day of the incident,

Shri Krishna Sharma purchased a she-buffalo from appellant

Ramdas  for  a  consideration  of  Rs.5,000/-.   It  was  agreed

between the parties that the amount of consideration would

be paid after birth of calf of she-buffalo.  On 19.08.1994, calf

of  she-buffalo  was  born.   On  the  day  of  incident,  i.e.

20.08.1994,  at about 10 a.m. Shri Krishna Sharma went to

the  house  of  the  appellant  for  the  payment  of  Rs.5,000/-

where  Sheetal  Prasad  co-accused  was  also  present.  The

appellant  made  a  demand  of  Rs.  150/-  towards  interest

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amount for which Shri Krishna Sharma did not agree because

there was no such agreement between the parties to pay the

interest  of  Rs.150/-.  On this  trivial  issue,  some  altercation

took  place  between  the  parties,  as  a  result  whereof  the

appellant dealt sickle blow on the back of the person of Shri

Krishna Sharma.  As a result of the said injury, blood started

coming from the wound.  The incident had been witnessed by

Rajaram (PW-2), Ram Kishan (PW-3), Smt. Shakuntla Bai (PW-

4)  and  Ram  Swaroop  (PW-5).   After  causing  injury  to  the

victim, the appellant and Sheetal Prasad both had fled from

the scene of occurrence.

5. Shri Krishna Sharma, injured, lodged First Information

Report under Sections 323/324/504/34 of IPC in the Police

Station against the accused persons, on the basis of which the

investigation was conducted by Lal Singh Yadav (PW-8) who

recorded the statements of the witnesses, inspected the place

of  the  occurrence  and  arrested  the  accused.  Shri  Krishna

Sharma was medically examined by Dr. Jagdish Karkot (PW-7)

on the same day who found following injuries on his person:

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“One incised wound on the left side back of patient in the size of 1.4 cm x 2 mm x 1.3 cm.”

6. Injured Shri Krishna Sharma died on 01.07.1996 (near

about 2 years after the incident). Therefore, Section 302 IPC

was added in the chargesheet.

7. The learned Sessions Judge, on the basis of the evidence,

charge-sheeted  the  appellant  and  the  co-accused  Sheetal

Prasad under Sections 302/34 IPC.

8. Both the accused pleaded not guilty to the charges and

claimed  to  be  tried.  In  order  to  bring  home  the  charges,

prosecution examined as many as 10 witnesses and placed on

record relevant documentary evidence.

9. The  learned  Sessions  Judge,  on scrutiny  of  the  entire

evidence  on record,  held  the  appellant  guilty  of  the  offence

punishable  under  Section  307  IPC  and,  accordingly,

sentenced him to undergo rigorous imprisonment for 7 years

and to pay a fine of Rs. 2,000/-.  Out of the said amount, a

sum  of  Rs.  1,500/-  has  been  ordered  to  be  paid  to  Smt.

Shakuntla  Bai  (PW-4),  widow  of  deceased  Shri  Krishna

Sharma.  However,  no  tangible  and convincing  evidence  has

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been found against co-accused Sheetal Prasad, therefore, he

was acquitted.

10.  Being aggrieved, the appellant filed appeal under Section

374 (2) of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’)

before the High Court. The learned Single Judge of the High

Court allowed the appeal in part and altered the conviction of

the appellant from Section 307 IPC to Section 324 IPC and

imposed the aforesaid sentence upon him.  

11. Feeling  aggrieved  thereby  and  dissatisfied  with  the

judgment of the High Court, this appeal by special leave has

been preferred in this Court.

12. Having heard Mr. T.S. Doabia, learned Senior Advocate

for  the  appellant,  this  Court  issued  notice  to  the  State  of

Madhya  Pradesh  confined  to  the  question  of  quantum  of

sentence. Mr. Govind Goel, learned counsel has appeared on

behalf of the State. Mr. T.S. Doabia, learned Senior Advocate,

states at the Bar that the appellant has already undergone

about 15 months of imprisonment in terms of the order of the

High Court.  

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13. On our close scrutiny of the testimony of eye-witnesses -

PWs 2 and 3 and having gone through the First Information

Report (Ex.P/1), it is clear that on the date of the incident, all

of  a  sudden  altercation  ensued  between  the  appellant  and

deceased Shri Krishna Sharma on the issue of payment of Rs.

150/- as interest amount. There is no evidence on record to

indicate  that  there  was  any  previous  enmity  between  the

appellant and the deceased. The appellant is an agriculturist.

Undisputedly, a single blow of sickle had been inflicted by the

appellant on the back of the deceased.  Dr. P.R. Pendharkar

(PW-1)  conducted  an  autopsy  on  the  dead  body  of  Shri

Krishna  Sharma  who  as  stated  above  died  on  01.07.1996.

According to Dr. P.R. Pendharkar, 11 injuries were found on

the dead body of the deceased, out of which injury no. 10 was

incised wound allegedly inflicted by the appellant on the back

side of the deceased.  In the opinion of the doctor, injury nos.

1 to 9 were in the nature of ‘Ulcers’ and indirect outcome of

injury  no.  10.   The  opinion  of  the  doctor  proves  that  the

deceased had not died due to direct  result  of  injury no. 10

sustained  by  him.  It  is  also  pertinent  to  mention  that  the

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occurrence had taken place on 20.08.1994 and since then the

appellant has been prosecuting the present case for the last

more than 14 years in various courts and in that process he

undoubtedly  has  undergone  mental  agony  and  financial

sufferings.   In  this  view  of  the  matter,  in  our  considered

opinion  we  feel  that  justice  would  be  sub-served  if  the

sentence  imposed  by  the  High  Court,  is  reduced  to  the

sentence already undergone by the appellant.  

14. For  the  aforementioned  reasons  while  maintaining  the

conviction  of  the  appellant  under  Section  324  IPC,  the

sentence of 3 years imposed by the learned Single Judge of

the High Court is reduced to imprisonment already suffered

by the appellant.  

15.   Ramdas-appellant, who is in custody, is directed to be

set  at  liberty  and  released  forthwith  unless  wanted  in

connection with any other case.

16. With the above modification, the appeal is partly allowed.

........................................J.                                                    (Lokeshwar Singh Panta)

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........................................J.                                                    (B. Sudershan Reddy) New Delhi, January 13, 2009

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