[Cites 9, Cited by 0]
Rajasthan High Court - Jodhpur
Pintu @ Praveen Singh vs State on 28 March, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:13523-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Appeal No. 560/2008
The State of Rajasthan
----Appellant
Versus
1. Pintu @ Praveen Singh s/o Kesar Singh Rao.
2. Kesart Singh s/o Hindu Singh Rao.
3. Smt. Asrat Kanwar w/o of Kesar Singh Rao.
All residents of Dhalmu, Police Station Pratapgarh, Dist.
Chittorgarh.
----Respondent
Connected With
S.B. Criminal Appeal No. 196/2007
Pintu @ Praveen Singh s/o Kesar Singh Rao r/o Dhalmu, Police
Station Pratapgarh, Dist. Chittorgarh.
----Appellant
Versus
The State of Rajasthan
----Respondent
For Appellant(s) : Mr. Rajesh Bhati, AGA
For Respondent(s) : Mr. Ramesh Purohit
Mr. Bhagat Dadhich
HON'BLE MR. JUSTICE FARJAND ALI
HON'BLE MR. JUSTICE SANDEEP SHAH
Judgment
REPORTABLE
DATE OF CONCLUSION OF ARGUMENTS : 13/03/2026
DATE ON WHICH ORDER IS RESERVED : 13/03/2026
FULL ORDER OR OPERATIVE PART : Full Order
DATE OF PRONOUNCEMENT : 28/03/2026
BY THE COURT:- (Per Hon'ble Mr. Farjand Ali,J)
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INTRODUCTION
1. These are two cross-appeals arising out of the common
judgment dated 08.03.2007 rendered by the learned Additional
District and Sessions Judge (Fast Track), Pratapgarh, Rajasthan, in
Criminal Case No. 39/2006.
1.1 The appeal No.560/2008 has been preferred by the State
under Sections 378(i) and (iii) of the Code of Criminal Procedure
(hereinafter to be referred as "CrPC"), assailing the impugned
judgment to the extent it acquits the accused person, Pintu alias
Praveen Singh of the charge under Section 302 Indian Penal Code
(hereinafter to be referred as "IPC") and further acquits all the
three accused respondents of the offence under Section 498-A
IPC, while convicting accused Pintu alias Praveen Singh only for
the offence under Section 304 Part I IPC. The State has, thus,
prayed that the impugned judgment be set aside to the aforesaid
extent and that accused Pintu alias Praveen Singh be convicted
and sentenced for the offence under Section 302 IPC, and all the
accused respondents be convicted and sentenced for the offence
under Section 498-A IPC.
1.2 The appeal No. 196/2007 has been preferred by the
accused-appellant, Pintu alias Praveen Singh under Section 374 of
the CrPC, laying challenge to the very same judgment dated
08.03.2007, with a prayer that the impugned judgment be
quashed and set aside in toto, and the appellant be acquitted of all
the charges levelled against him.
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1.3 Both the appeals, being directed against the same judgment,
are being decided together.
RELEVANT FACTS OF THE CASE
2. Brief facts of the case, as borne out from the record, are that
on 23.07.2005, the complainant Umed Singh submitted a written
report stating that his daughter, Smt. Kiran, who was married to
accused Pintu @ Praveen Singh about 8-9 years prior and had two
minor sons out of the wedlock, was found lying unconscious with
grievous injuries at her matrimonial home. On being enquired, the
minor child disclosed that the accused had inflicted a blow with a
spade on the head of the deceased. An FIR under Section 307 IPC
came to be registered, which, upon the death of Kiran during
treatment, was converted into an offence under Section 302 IPC.
After due investigation, charge-sheet was filed and the matter was
committed to the Court of Sessions. The learned trial Court, upon
appreciation of evidence, convicted accused Praveen Singh under
Section 304 Part-I IPC while acquitting all the accused persons of
the charge under Section 498-A IPC vide judgment dated
08.03.2007.
OBSERVATION
3. We have heard Shri Ramesh Purohit, learned counsel
appearing on behalf of the accused and Shri Rajesh Bhati, AGA,
appearing on behalf of the State.
4. After perusing the material available on record and after
going through the order dated 08.03.2007, it is revealing that the
incident appears to have emanated from a routine discord of
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matrimonial life, arising out of trivial provocation between the
spouses, which might have momentarily disturbed the mental
equilibrium of the accused. In such a state of loss of self-control,
the accused is stated to have picked up a spade (phawda) lying at
the spot and inflicted a solitary blow upon the deceased. This
version finds corroboration from the testimony of the child
witness, the sole eye-witness of the occurrence, who has
consistently deposed that the implement spade was lying at the
place of incident and was not brought by the accused, and even
after the occurrence, it was left there itself.
4.1 There is nothing on record to indicate any premeditation,
prior enmity, or motive of such gravity so as to suggest that the
accused had come prepared to commit the offence. The absence
of a deadly weapon carried by the accused and the use of an
object readily available at the spot fortifies the inference that the
act was committed in a sudden fit of anger, bereft of any
calculated design.
APPPLICATION OF LAW
5. To commit murder, there are essential ingredients which
needs to be fulfilled. For a ready reference, Section 300 of the IPC
is reproduced herein below:-
"300. Murder. --Except in the cases hereinafter excepted,
culpable homicide is murder, if the act by which the death is
caused is done with the intention of causing death, or--
2ndly. --If it is done with the intention of causing such
bodily injury as the offender knows to be likely to cause the
death of the person to whom the harm is caused, or--
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3rdly. --If it is done with the intention of causing bodily
injury to any person and the bodily injury intended to be
inflicted is sufficient in the ordinary course of nature to
cause death, or--
4thly. --If the person committing the act knows that it is so
imminently dangerous that it must, in all probability, cause
death, or such bodily injury as is likely to cause death, and
commits such act without any excuse for incurring the risk
of causing death or such injury as aforesaid."
5.1 From a bare perusal of the provision, it is evident that to
bring a case within the fold of Section 300 IPC, the prosecution is
required to establish that the act by which death is caused falls
within any of the four well-defined clauses contemplated therein.
Firstly, the act must have been committed with the intention of
causing death; secondly, with the intention of causing such bodily
injury as the offender knows to be likely to cause the death of the
particular person; thirdly, with the intention of causing bodily
injury sufficient in the ordinary course of nature to cause death;
and fourthly, with the knowledge that the act is so imminently
dangerous that it must, in all probability, cause death or such
bodily injury as is likely to cause death, and the act is committed
without any excuse for incurring such risk. Thus, the essential
ingredients to attract the offence under Section 302 IPC are
conspicuously absent and cannot be taken as an offence of
murder.
5.2 Moving further to Section 299 of IPC and exceptions
engrafted to the provision of murder, it is apposite to note that the
present case pertains to culpable homicide not amounting to
murder, as contemplated under Section 299 of IPC and it's
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punishment has been given under Section 304 IPC, which
operates as an exception to the offence of murder defined under
Section 300 IPC. For the sake of clarity and ready reference,
Section 299 of IPC and the relevant Exceptions are reproduced
hereinbelow:-
"299. Culpable homicide. --Whoever causes death by
doing an act with the intention of causing death, or with the
intention of causing such bodily injury as is likely to cause
death, or with the knowledge that he is likely by such act to
cause death, commits the offence of culpable homicide."
"Exception 1. --When culpable homicide is not murder.
--Culpable homicide is not murder if the offender, whilst
deprived of the power of self-control by grave and
sudden provocation, causes the death of the person who
gave the provocation or causes the death of any other
person by mistake or accident.
The above exception is subject to the following provisos: --
First. --That the provocation is not sought or voluntarily
provoked by the offender as an excuse for killing or doing
harm to any person.
Secondly. --That the provocation is not given by anything
done in obedience to the law, or by a public servant in the
lawful exercise of the powers of such public servant.
Thirdly. --That the provocation is not given by anything
done in the lawful exercise of the right of private defence.
Explanation. --Whether the provocation was grave and
sudden enough to prevent the offence from amounting to
murder is a question of fact."
Exception 4.--Culpable homicide is not murder if it is
committed without premeditation in a sudden fight in the
heat of passion upon a sudden quarrel and without the
offender's having taken undue advantage or acted in a
cruel or unusual manner.
A bare reading of the exception to the offence of murder, and
from a conjoint reading of Section 299 IPC and Section 300 IPC, it
becomes manifest that though every murder is culpable homicide,
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the converse is not invariably true. The Exceptions appended to
Section 300 IPC delineate circumstances wherein, despite the
presence of intention or knowledge, the culpability of the act is
mitigated owing to the surrounding facts and human frailty.
Exception 4 to Section 300 IPC contemplates those cases where
death is caused without premeditation, in a sudden fight, in the
heat of passion, upon a sudden quarrel. It is trite that where the
offender has not taken undue advantage or acted in a cruel or
unusual manner, the rigour of "murder" stands diluted. The
essence lies in the spontaneity of the occurrence and the absence
of prior design. In such circumstances, the act, though culpable, is
divested of the gravamen requisite for constituting murder.
Consequently, the offence would fall within the ambit of culpable
homicide not amounting to murder. In other language, it may be
observed that where the act causing death is committed under
grave and sudden provocation, or in the course of a sudden fight
without premeditation, in the heat of passion upon a sudden
quarrel, the offence would not travel to the rigours of murder. In
such situations, the law, taking a pragmatic view of human
conduct, attributes a lesser degree of culpability, thereby bringing
the act within the ambit of culpable homicide not amounting to
murder. Thus, the doctrine underlying this Exception is that the
mental element, though present, is not of such a degree as to
brand the act as murder. The absence of premeditation, the
suddenness of the occurrence, the loss of self-control, the number
of injuries and no repetitive attempt to hurt the deceased are
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relevant considerations which dilute the severity of the offence
and manifest lack of intent to kill. Consequently, such cases are
punishable under Section 304 IPC, where the sentence is
calibrated in accordance with the degree of intention or knowledge
established on record.
LEGALITY AND CORRECTNESS OF THE ORDER DATED
08.03.2007
6. The present matter requires an examination whether the
judgment rendered by the learned court below is legally
sustainable and in accordance with established principles of law.
For the purpose of such determination, Section 304 of the IPC is
reproduced hereinbelow:--
"304 Punishment for culpable homicide not
amounting to murder. --Whoever commits culpable
homicide not amounting to murder shall be punished with
[imprisonment for life], or imprisonment of either
description for a term which may extend to ten years, and
shall also be liable to fine, if the act by which the death is
caused is done with the intention of causing death, or of
causing such bodily injury as is likely to cause death;
or with imprisonment of either description for a term
which may extend to ten years, or with fine, or with
both, if the act is done with the knowledge that it is
likely to cause death, but without any intention to
cause death, or to cause such bodily injury as is likely
to cause death."
6.1 The provision prescribes punishment for culpable homicide
not amounting to murder and is bifurcated into two distinct parts,
namely Part I and Part II. Under Part I, the offence is constituted
where the act is committed with the intention of causing death or
of causing such bodily injury as is likely to result in death. In
contrast, Part II applies to cases where the act is done with the
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knowledge that it is likely to cause death, but without any
intention to cause death or such bodily injury.
6.2 As regards the nature of the occurrence, it is borne out from
the record that the incident was neither premeditated nor pre-
concerted, but occurred on the spur of the moment. The accused
had not come armed with any weapon; rather, he used an
implement which was readily available at the spot. The act was
not repeated, nor was it carried out in a cruel or unusual manner.
Significantly, there was no impediment or intervention to restrain
the accused, and yet, he did not exploit his dominant position to
inflict further injuries. Had there been a deliberate intent to cause
death, the accused could have persisted in the assault; however,
he consciously refrained from doing so. The sine qua non for
attracting Section 304 Part I IPC is the existence of intention to
cause death or such bodily injury as is likely to cause death. In
the present case, there is a conspicuous absence of motive,
object, or any compelling circumstance which could have impelled
the accused to commit the act with such intention. Thus, the
essential ingredient of intention being clearly lacking, the
conviction of the accused under Section 304 Part I IPC is bad and
not sustainable in the eyes of law.
6.3 The question, therefore, that arises is as to the nature of the
offence actually committed. It is not in dispute that the accused
inflicted a blow with a spade, which is a heavy implement, on the
skull of the deceased, a vital and delicate part of the human body.
It can safely be presumed that any prudent person would be
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aware that striking such a blow on a vital part is likely to cause
death. The expression "likely to cause death" can be reasonably
inferred from the nature of the weapon used and the part of the
body targeted. In fact, the injury so inflicted did result in death.
The expression "likely to cause death" occurring in the scheme of
culpable homicide has a well-recognised connotation in criminal
jurisprudence. It does not postulate a certainty of death, but
denotes a degree of probability which is more than a mere
possibility. The term "likely" signifies that, in the ordinary course
of human affairs, the act is such that it carries with it a real and
substantial risk of causing death. It is, thus, indicative of a
foreseeable and appreciable consequence flowing from the nature
of the act, the weapon employed, and the part of the body
targeted. In juxtaposition, the phrase "may cause death" is of a
comparatively wider and less stringent import. It conveys a bare
possibility, howsoever remote, of death ensuing from the act.
However, when the act in question involves the use of a heavy
object upon a vital and delicate part of the body, such as the skull,
the distinction between "may cause death" and "likely to cause
death" tends to narrow. In such circumstances, what may initially
appear as a mere possibility, in fact, assumes the character of a
likelihood, owing to the inherent dangerousness of the act. It is in
this backdrop that the principle may be understood that the
expression "may cause death," when read ejusdem generis with
the surrounding circumstances, can, in appropriate cases, be
construed as synonymous with "likely to cause death." Where the
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nature of the weapon is inherently capable of causing grievous
harm, and the blow is directed at a vital organ, the law presumes
that any prudent person would have the knowledge that such an
act is likely to result in death. Thus, the determination does not
rest merely on the linguistic distinction between the two
expressions, but on the totality of circumstances, namely, the
nature of the weapon, the manner of its use, the force applied,
and the part of the body affected. When these factors
cumulatively point towards a high probability of death, the act
transcends the realm of a mere possibility and squarely falls within
the ambit of "likely to cause death," thereby attracting culpability
under Section 304 Part II IPC. Therefore, this Court has no
hesitation in holding that the accused possessed the requisite
knowledge of the consequences of his act, thereby attracting the
provisions of Section 304 Part II IPC.
6.4 Coming to the question of judgment passed by the learned
trial Court and its correctness in the eye of law, it is noticed that
vide judgment dated 08.03.2007, the learned trial Court acquitted
the accused Pintu @ Praveen Singh of the charge under Section
302 IPC and instead convicted and sentenced him under Section
304 Part I IPC. The learned trial Court further acquitted the said
accused as well as the co-accused, namely his father and mother,
of the charge under Section 498-A IPC. Insofar as the appeal
preferred by the State assailing the acquittal of the accused
persons for the offence punishable under Section 498-A IPC is
concerned, upon a meticulous and threadbare scrutiny of the
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record, it transpires that the learned Court below has extended
the benefit of doubt to the husband as well and consequently
acquitted him of the charge under Section 498A IPC. Section 498A
IPC, in its essence, penalizes the act of subjecting a married
woman to cruelty at the hands of her husband or his relatives. As
per Explanation appended to Section 498A IPC, the term "cruelty"
has been given a specific and inclusive meaning. For ready
reference, Section 498A and its Explanation is reproduced herein
below:-
"498A. Husband or relative of husband of a
woman subjecting her to cruelty.--Whoever, being
the husband or the relative of the husband of a woman,
subjects such woman to cruelty shall be punished with
imprisonment for a term which may extend to three
years and shall also be liable to fine.
Explanation.--For the purposes of this section, "cruelty"
means-- (a) any wilful conduct which is of such a
nature as is likely to drive the woman to commit
suicide or to cause grave injury or danger to life, limb
or health (whether mental or physical) of the woman;
or
(b) harassment of the woman where such harassment
is with a view to coercing her or any person related to
her to meet any unlawful demand for any property or
valuable security or is on account of failure by her or
any person related to her to meet such demand."
6.5 From bare perusal of Section 498A, cruelty under Section
498A IPC is not confined to physical harm alone, but also
encompasses mental agony and harassment, particularly when it
is connected with unlawful demands or is of such intensity as to
imperil the life or well-being of the woman. This Court is of the
view that the material available on record does not disclose
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multiple or continuous instances of cruelty; rather, the prosecution
case hinges upon a solitary incident. The said incident, however, is
of a graver complexion and has already been brought within the
fold of Section 304 Part-II IPC, for which the accused stands
convicted and sentenced. In such circumstances, when the
singular act has been duly subsumed and addressed under a more
serious penal provision, this Court finds no justification in visiting
the accused with a separate conviction and sentence under
Section 498A IPC. This Court is not persuaded to find any reliable,
cogent or convincing material against the respondents. The
evidence, insofar as it relates to the other accused persons,
suffers from inherent deficiencies and lacks the requisite probative
worth. In view of the aforesaid, this Court finds no justifiable
ground to interfere with the well-reasoned and sound findings of
acquittal recorded by the learned trial Court on the aspect of
cruelty. The view taken by the learned trial Court appears to be a
plausible and legally sustainable one, not calling for any
indulgence in appellate jurisdiction.
7. At this juncture, adverting to the nature of the offence and
the attendant circumstances, it is evident that there was no
intention on the part of the accused to cause death; consequently,
the offence under Section 302 IPC is not attracted. In the facts
and circumstances of the present case, this Court is of the
considered view that the acquittal of the accused, Pintu @ Praveen
Singh, under Section 302 IPC does not suffer from any legal
infirmity and is hereby affirmed. Insofar as the offence under
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Section 304 IPC is concerned, the conviction of the accused would
more aptly fall within the ambit of Section 304 Part II IPC rather
than Part I thereof, having regard to the fact that the act in
question, being a single blow, cannot be said to have been
committed with the intention of causing death, but certainly with
the knowledge that it was likely to cause death.
OBJECT OF SENTENCING AND THEORIES OF PUNISHMENT
8. The object of sentencing has consistently been understood to
ensure that the punishment awarded to an offender is
commensurate with the gravity of the act committed, so that
justice is not only done but is also perceived to have been done by
the victim. The sentence must, therefore, strike a delicate
balance, reflecting the culpability of the accused while
simultaneously addressing the legitimate expectations of the
victim. In the realm of penology, the purpose of punishment
transcends mere retribution; it serves as a means to safeguard
society at large by deterring criminal conduct and reinforcing the
rule of law. Thus, sentencing must be guided by a judicious blend
of proportionality, deterrence, and societal protection, ensuring
that the administration of justice remains both fair and effective.
8.1 For a comprehensive understanding, it would be apposite to
briefly advert to these theories of punishment which are as
follows:-
i) Deterrent Theory
ii) Retributive Theory
iii) Preventive Theory
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iv) Reformative Theory
(a) To start with, the deterrent theory, propounded by Jeremy
Bentham, is founded upon the principle of hedonism, which
postulates that pleasure alone is intrinsically valuable and pain
intrinsically undesirable. The essence of this theory lies in its
capacity to instill fear in the minds of potential offenders by
making an example of the consequences that follow criminal
conduct. The punishment, therefore, must bear a rational nexus
with the offence committed and ought to be proportionate thereto.
However, experience has shown that excessive harshness in
sentencing may prove counterproductive, often evoking public
sympathy for the offender and thereby diluting the very object of
deterrence. Thus, the doctrine of proportionality remains the
guiding beacon, punishment must neither be unduly harsh nor
manifestly lenient. While determining an appropriate sentence,
certain well-recognised factors assume significance, inter alia:-
(i) the nature and gravity of the offence;
(ii) the statutory punishment prescribed;
(iii) the manner of commission of the offence;
(iv) the proportionality between the crime and the punishment;
(v) the age and sex of the offender;
(vi) the character and disposition of the offender;
(vii) antecedents, including prior criminal history;
(viii) the likelihood of reformation;
(ix) the impact of the offence on social order and public interest;
and
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(x) the overall personality of the offender as reflected through
surrounding circumstances.
The sentencing court is thus enjoined to strike a delicate
balance between the individual circumstances of the offender and
the societal interest, so as to arrive at a just and appropriate
sentence. By way of illustration, in offences such as organised
economic fraud or corruption, where the impact transcends the
individual victim and undermines public confidence in institutions,
the element of deterrence assumes greater prominence,
warranting a sterner sentence. Conversely, in cases arising out of
sudden provocation or momentary lapse, where the offender does
not exhibit a continuing criminal propensity, an unduly harsh
sentence may fail to serve the intended purpose of deterrence and
may instead operate oppressively. Thus, deterrence, while vital,
cannot be divorced from rationality and fairness.
(b) Coming to the retributive theory, often encapsulated in the
maxim "an eye for an eye and a tooth for a tooth," it proceeds on
the premise that the punishment must correspond to the harm
inflicted upon the victim. However, this theory, in its rigid
application, is seldom favoured in modern jurisprudence. Firstly,
the quantification and equivalence of pain is inherently
impracticable; secondly, unbridled adherence to retribution may
erode the very foundation of an orderly legal system, reducing
justice to vengeance. That said, a measured degree of retribution
continues to find place in sentencing, for the criminal law cannot
be wholly indifferent to the suffering of the victim. In heinous
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offences such as brutal homicides, sexual offences, or acts of
extreme cruelty, the collective conscience of society demands that
the punishment reflect the gravity of the wrong committed. For
instance, where an offence is committed in a barbaric or depraved
manner, displaying total disregard for human dignity, the sentence
must convey society's condemnation of such conduct.
Nonetheless, this element of retribution must always operate
within the confines of law and reason, and cannot be permitted to
degenerate into retaliation or vindictiveness.
(c) The preventive theory, in contrast, is forward-looking in
nature. Its primary objective is not to avenge the past, but to
safeguard the future by incapacitating the offender. Measures such
as life imprisonment or, in the gravest cases, capital punishment,
are premised on the idea of isolating the offender from society to
prevent recurrence of crime and to protect the social fabric. This
theory assumes particular relevance in cases involving habitual
offenders, organised criminal activity, or individuals who pose a
continuing threat to society. For example, where an accused has a
demonstrable history of repeated violent conduct, or is part of a
criminal syndicate, the need to incapacitate such an individual
becomes paramount. The emphasis here is on protecting society
at large rather than merely punishing the individual act. However,
even within this framework, the Court must be cautious to ensure
that the preventive measure adopted is commensurate with the
actual threat posed, and is not founded on mere conjecture or
apprehension.
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(d) Lastly, the reformative theory, which has gained
considerable acceptance in contemporary penology, seeks to
transform the offender into a law-abiding citizen. It proceeds on
the humane premise that criminality is not an inherent trait but
often a consequence of adverse circumstances. By affording an
opportunity for reformation, particularly to first-time offenders and
juveniles, the law endeavours to reintegrate such individuals into
society. Nonetheless, this approach must be cautiously applied, for
an excessive tilt in favour of reform may, in certain cases,
undermine the legitimate expectations of the victim and society at
large. The reformative approach finds expression in sentencing
practices such as probation, parole, and rehabilitation
programmes. For instance, in cases involving young offenders who
have acted under the influence of poverty, lack of education, or
adverse social conditions, the Court may lean towards a sentence
that facilitates correction rather than mere incarceration. Similarly,
where the conduct of the accused during trial reflects remorse and
a genuine inclination to reform, such factors may weigh in favour
of a lenient sentence. However, this theory cannot be applied
indiscriminately, especially in cases involving grave offences or
where the offender exhibits a hardened criminal disposition.
8.2 In ultimate analysis, sentencing is not a mechanical exercise
but a judicious blend of these principles. The Court, while
imposing sentence, must adopt a balanced approach, ensuring
that justice is not only done to the offender but is also manifestly
seen to be done to the victim and to society.
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OPINION OF THE COURT
9. From a careful appreciation of the evidence on record, it is
evident that the occurrence was not premeditated and had taken
place in the course of a sudden quarrel, wherein the accused, in a
fit of anger and disturbed mental equilibrium, picked up a spade
lying at the spot and inflicted a single blow upon the deceased.
The fact that no weapon was carried by the accused and that the
implement used was readily available at the place of occurrence
clearly negates any prior intention or design to cause death. The
act of the accused does not reflect an intention to cause death or
such bodily injury as is likely to cause death; however, it can
safely be attributed that the accused had the knowledge that such
an act was likely to cause death. The distinction, though subtle, is
significant and goes to the root of the matter in determining the
nature of culpability. Thus, in the totality of circumstances,
particularly the infliction of a solitary blow, absence of
premeditation, and the suddenness of the incident, the case
squarely falls within the second limb of Section 304 IPC, i.e.,
culpable homicide not amounting to murder committed with
knowledge but without intention. The conversion of the offence
from Section 302 IPC to Section 304 IPC by the learned trial
Court, therefore, does not suffer from any perversity. However,
having regard to the nature of the act, the case would more
appropriately fall within the ambit of Section 304 Part II IPC
instead of 304 Part I of IPC.
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[2026:RJ-JD:13523-DB] (20 of 22) [CRLA-560/2008]
CONCLUSION
10. In the conspectus of the aforesaid principles and having
bestowed our anxious consideration to the facts and
circumstances of the present case, we are of the considered view
that while the acquittal of the accused persons under Section 498-
A of IPC and Pintu alias Praveen Singh, from the charge under
Section 302 IPC does not warrant interference but the conviction
under Section 304 is liable to be appropriately modified.
10.1 The evidence on record unmistakably reflects that the
incident was a result of a sudden altercation culminating in a
single blow, without any premeditation or intention to cause
death; however, the knowledge that such an act was likely to
cause death can safely be imputed to the accused. Consequently,
the case squarely falls within the ambit of Section 304 Part II IPC.
10.2 Accordingly, the conviction of the accused is altered from
Section 304 Part I to Section 304 Part II IPC and considering that
a substantial period has elapsed since the incident, and it has
been brought to the notice of this Court by Shri Ramesh Purohit
that the accused is taking care of his children, the possibility of
reformation cannot be ruled out.
10.3 At the same time, while the act committed in a moment of
anger cannot be condoned and calls for appropriate punishment,
this Court cannot be oblivious to its social obligations. It has come
on record that the children of the deceased have, perhaps,
reconciled with the situation. Sending the accused to prolonged
incarceration would deprive the children of paternal love, care,
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[2026:RJ-JD:13523-DB] (21 of 22) [CRLA-560/2008]
protection, and guidance. Thus, a delicate balance is required to
be maintained between the gravity of the offence and the societal
and familial consequences of the sentence imposed.
10.4 As regards the sentence, this Court deems it just and proper
to impose a punishment commensurate with the nature of the act,
the manner of its commission, and the surrounding circumstances,
while also keeping in view the possibility of reformation. In such
circumstances, the sentence of seven years would meet the ends
of justice and be sufficient to subserve the cause of law while also
preserving the prospects of rehabilitation and familial harmony
thereby striking a balance between the demands of justice,
societal interest, and the individual circumstances of the accused.
11. In view of the aforesaid discussion, this Court is of the
considered opinion that the prayer advanced by the State does not
merit acceptance, inasmuch as the findings returned by the
learned Trial Court are, to a substantial extent, well-reasoned and
do not suffer from any manifest illegality warranting interference.
Equally, the plea on behalf of the accused for complete
exoneration cannot be countenanced, for the material on record
unmistakably establishes his culpability, albeit not to the extent
originally determined. The ends of justice would, therefore, be
adequately met by holding the accused liable under Section 304
Part II of the IPC, which appropriately reflects the nature of the
act, bereft of intention to cause death, yet accompanied by the
knowledge that such act was likely to result in death.
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[2026:RJ-JD:13523-DB] (22 of 22) [CRLA-560/2008]
VERDICT
12. Accordingly, the appeal No. 560/2008 preferred by the
State, being devoid of merit, stands dismissed.
12.1 The appeal No. 196/2007 preferred by the accused is partly
allowed. The conviction of the accused under Section 304 Part I
IPC is set aside, and instead, he is convicted for the offence
punishable under Section 304 Part II IPC.
12.3 The accused is sentenced to undergo rigorous imprisonment
for a period of seven years, with the fine remaining unaltered.
13. In the aforesaid terms, both the appeals stand disposed of.
14. Stay petition and all pending applications stands disposed of.
(SANDEEP SHAH),J (FARJAND ALI),J
65-Mamta/-
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