JUGUT RAMversusTHE STATE OF CHHATTISGARH

1140                      [2020]REPORTS
                SUPREME COURT   6 S.C.R. 1140                 [2020] 6 S.C.R.


 A                                 JUGUT RAM
                                          v.
                        THE STATE OF CHHATTISGARH
                         (Criminal Appeal No. 616 of 2020)
 B                            SEPTEMBER 16, 2020
                     [R. F. NARIMAN, NAVIN SINHA AND
                            INDIRA BANERJEE, JJ.]
             Penal Code, 1860:
 C            s. 304 (Part II) – Assault by Lathi – Resulting in death of the
       victim after one day – Conviction u/s. 302 IPC and life imprisonment
       by Courts below – Appeal to Supreme Court – Held: ‘Lathi’ is a
       common item carried by a villager – It cannot be called a weapon
       of assault simpliciter – In the case of an assault by ‘lathi’, it has to
       be ascertained whether there was intention or knowledge – The
 D
       circumstances, manner of assault, nature and number of injuries
       will have to be considered cumulatively to decipher the intention or
       knowledge as the case may be – In the facts of the present case,
       conviction is altered to one u/s. 304 (Part II) – Accused since has
       already undergone maximum period of sentence, is directed to be
 E     set at liberty.
             Allowing the appeal, the Court
              HELD: 1. A lathi is a common item carried by a villager in
       this country, linked to his identity. The fact that it is also capable
       of being used as a weapon of assault, does not make it a weapon
 F     of assault simpliciter. In a case like the present, of an assault on
       the head with a lathi, it is always a question fact in each case
       whether there was intention to cause death or only knowledge
       that death was likely to occur. The circumstances, manner of
       assault, nature and number of injuries will all have to be considered
 G     cumulatively to decipher the intention or knowledge as the case
       may be. [Para 7][1142-G-H; 1143-A]
             2. Accordingly the conviction of the appellant is altered from
       Section 302 IPC to Section 304 (Part II) IPC. The appellant is in
       custody since 2004. He has already undergone the maximum
 H     period of sentence prescribed under the same. The appellant is,
                                        1140
         JUGUT RAM v. THE STATE OF CHHATTISGARH                           1141


therefore, directed to be set at liberty forthwith unless wanted          A
in any other case. [Para 11][1144-E-F]
      Chamru Budhwa v. State of Madhya Pradesh, AIR 1954
      SC 652; Gurmukh Singh v. State of Haryana, (2009)
      15 SCC 635 : [2009] 13 SCR 548; Mohd. Shakeel v.
      State of A.P., (2007) 3 SCC 119 – relied on.                        B
      Virsa Singh v. The State of Punjab, [1958] SCR 1495;
      Joseph v. State of Kerala, (1995) SCC (Crl.) 165; Laltu
      Ghosh v. State of West Bengal (2019) 15 SCC 344; State
      of A.P. v. S. Rayappa, (2006) 4 SCC 512 : [2006] 2
      SCR 200 – referred to.                                              C
                       Case Law Reference
[1958] SCR 1495                 referred to                Para 7
[2009] 13 SCR 548               relied on                  Para 9
(2007) 3 SCC 119                relied on                  Para 9         D
(2019) 15 SCC 344               referred to                Para 10
[2006] 2 SCR 200                referred to                Para 10
      CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
616 of 2020                                                               E
      From the Judgment and Order dated 25.08.2010 of the High Court
of Chhattisgarh at Bilaspur in Criminal Appeal No. 446 of 2004.
      Sourav Roy, Dy. AG, Mrs. Nanita Sharma, Mahesh Kumar,
Pranav Sachdeva, Prabudh Singh, Suushant Yadav, Ms. Devika Khanna,
Leeladhar Prajapat, Advs. for the appearing parties.                      F

      The Judgment of the Court was delivered by
      NAVIN SINHA, J.
      1. Leave granted.
                                                                          G
      2. The appellant assails his conviction under Section 302 of the
Indian Penal Code (in short, “IPC”) and the consequent sentence of life
imprisonment, upheld by the High Court.
      3. Ms. Nanita Sharma, learned counsel for the appellant, submits
that all the four witnesses are related to the deceased. The two
                                                                          H
1142             SUPREME COURT REPORTS                           [2020] 6 S.C.R.


 A     independent witnesses were not examined. The serological report with
       regard to the blood group of the deceased matching that alleged to have
       been found on the lathi have not been established. The recovery of the
       lathi has not been properly proved. The deceased did not die immediately,
       but succumbed to the injuries in the hospital. The assault was at spur of
       the moment with no premeditation. The appellant had also suffered
 B
       injuries.
              4. Learned counsel for the State, Sri Sourav Roy opposing the
       appeal submits that the deceased was in possession of the field. The
       appellant was the aggressor. The deceased succumbed on the spot. The
       intention to cause death is apparent from the assault made on the head,
 C     a sensitive part of the human body. The appellant cannot urge to have
       acted in self defence as he was the aggressor. He relies on State of A.P.
       vs. S. Rayappa, (2006) 4 SCC 512 and Laltu Ghosh vs. State of West
       Bengal (2019) 15 SCC 344, to contend that the evidence of related
       witnesses cannot be discarded.
 D            5. We have heard learned counsel for the parties at length. There
       existed a civil land dispute between the parties. The occurrence is stated
       to have taken place on 23.11.2001 at about 02.00 P.M.while the deceased
       was harvesting crops. The appellant assaulted him with a lathi on the
       head. The deceased expired in the hospital the next day at about 07.45
 E     P.M. The post mortem report proved by the Doctor, P.W. 13 found two
       contusions on the left and right parietal portion and fracture on the left
       parietal bone opining it to be dangerous to life. Other injured witnesses
       have confirmed that the appellant also suffered injuries in the occurrence.
              6. The High Court on appreciation of evidence has come to the
 F     conclusion that the assault was not premeditated but had taken place in
       a heat of passion due to a land dispute. If the appellant had the intention,
       nothing prevented him from further assaulting the deceased. Nonetheless
       it maintained the sentence of the appellant under Section 302, IPC
       because death had taken place pursuant to the assault by him.

 G            7. A lathi is a common item carried by a villager in this country,
       linked to his identity. The fact that it is also capable of being used as a
       weapon of assault, does not make it a weapon of assault simpliciter. In a
       case like the present, of an assault on the head with a lathi, it is always
       a question fact in each case whether there was intention to cause death
       or only knowledge that death was likely to occur. The circumstances,
 H     manner of assault, nature and number of injuries will all have to be
         JUGUT RAM v. THE STATE OF CHHATTISGARH                                1143
                    [NAVIN SINHA, J.]

considered cumulatively to decipher the intention or knowledge as the          A
case may be. We do not consider it necessary to dilate on the first
principles laid down in this regard in Virsa Singh vs. The State of Punjab,
1958 SCR 1495, which stand well established. Suffice it to notice from
precedents that in Joseph vs. State of Kerala, (1995) SCC (Crl.) 165,
the appellant dealt two blows on the head of the deceased. The deceased
                                                                               B
died two days later. The post mortem report found lacerated injury on
the head and internal examination revealed fracture to the occipital bone
extended up to the temporal bone. The High Court convicted the appellant
under Section 302 IPC holding that the injury caused by the lathi was
sufficient to cause death of the deceased. This Court observed as follows:
      “3. ….The weapon used is not a deadly weapon as rightly                  C
      contended by the learned counsel. The whole occurrence was a
      result of a trivial incident and in those circumstances the accused
      dealt two blows on the head with a lathi, therefore, it cannot be
      stated that he intended to cause the injury which is sufficient (sic).
      At the most it can be said that by inflicting such injuries he had       D
      knowledge that he was likely to cause the death. In which case
      the offence committed by him would be culpable homicide not
      amounting to murder. We accordingly set aside the conviction of
      the appellant under Section 302 IPC and the sentence of
      imprisonment for life awarded thereunder. Instead we convict
      the appellant under Section 304 Part II IPC and sentence him to          E
      five years’ RI.”
       8. In Chamru Budhwa vs. State of Madhya Pradesh, AIR 1954
SC 652, the appellant dealt a blow on the head of the deceased with a
lathi and which proved fatal. The injury was medically opined sufficient
in the ordinary course to cause death. Conviction under Section 302,           F
IPC followed. This court observed as follows:
      “5. It now remains to consider whether the offence which he
      committed falls within the first part or the second part of Section
      304 of the Indian Penal Code. When the fatal injury was inflicted
      by the appellant on the head of the deceased by only one blow            G
      given in the manner alleged by the prosecution it could as well be
      that the act by which death was caused was not done with the
      intention of causing death or of causing such bodily injury as is
      likely to cause death. The act appears to have been done with the
      knowledge that it was likely to cause death, but without any             H
1144             SUPREME COURT REPORTS                            [2020] 6 S.C.R.


 A            intention to cause death or to cause such bodily injury as is likely
              to cause death within the meaning of Part II of Section 304 of the
              Indian Penal Code.
              6. We accordingly allow the appeal to this extent that the conviction
              of the appellant under Section 302 of the Indian Penal Code and
 B            the sentence of transportation for life awarded to him will be set
              aside, but the appellant will be convicted of having committed the
              offence under Section 304 Part II of the Indian Penal Code and
              will be sentenced to seven years’ rigorous imprisonment.”
              9. In Gurmukh Singh vs. State of Haryana, (2009) 15 SCC
 C     635, the deceased died three days later after an assault on the head with
       a lathi opined to be sufficient in the ordinary course of nature to cause
       death. Holding that the assault was made on the spur of the moment
       without premeditation the conviction was altered from one under Section
       302 to Section 304 Part II and a sentence of seven years was handed.
       Similarly in Mohd. Shakeel vs. State of A.P., (2007) 3 SCC 119, the
 D     appellant had caused only one injury and had suffered injury himself
       also. Altering the conviction from under Section 302 IPC to 304 Part II,
       the appellant was sentenced to the period undergone since 1999.
              10. We do not consider that Laltu Ghosh (supra)and S. Rayappa
       (supra), with regard to credibility of related witnesses, have any relevance
 E     to the issue in question being decided by us.
               11. We accordingly alter the conviction of the appellant from Section
       302 IPC to Section 304 Part II, IPC. The appellant is in custody since
       2004. He has already undergone the maximum period of sentence
       prescribed under the same. The appellant is, therefore, directed to be
 F     set at liberty forthwith unless wanted in any other case.
              12. The appeal is allowed.


       Kalpana K. Tripathy                                            Appeal allowed.
 G




 H