SADAKAT KOTWAR AND ANR.versusTHE STATE OF JHARKHAND

332                      [2021]REPORTS
               SUPREME COURT    7 S.C.R. 332               [2021] 7 S.C.R.


A                     SADAKAT KOTWAR AND ANR.
                                       v.
                        THE STATE OF JHARKHAND
                      (Criminal Appeal No. 1316 of 2021)
B                            NOVEMBER 12, 2021
                 [M. R. SHAH AND A. S. BOPANNA, JJ.]
            Penal Code, 1860: s.307 r/w s.34 – Grievous injuries on vital
      parts of the body – Prosecution case was that appellant no.1 stabbed
      PW-7 with a dagger in her ribs and appellant no.2 stabbed PW-8
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      with a dagger on right side of his stomach and on left ribs – Trial
      Court convicted appellants-accused for offence under s.307 r/w
      s.34 – High Court upheld the order of conviction – On appeal,
      held: There was no reason to doubt the testimony of the witnesses
      particularly PW7 and PW8 who were injured eye-witnesses – It was
D     not the case of appellants-accused that the offence occurred out of
      a sudden quarrel or that the blow was stuck in the heat of the moment
      – As the deadly weapons were used and injuries were grievous in
      nature causing injury near chest and stomach which can be said to
      be vital part of the body, appellants were rightly convicted under
      s.307 r/w s.34 – Concurrent findings recorded by the courts below
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      holding the appellants guilty do not require any interference in
      exercise of powers under Art.136 of the Constitution of India.
            Dismissing the appeal, the Court
            HELD: It is not the case of the accused that the offence
F     occurred out of a sudden quarrel. It also does not appear that the
      blow was stuck in the heat of the moment. On the contrary,
      considering the depositions of PW7 and PW8, the accused persons
      pushed and took the husband of PW7 out of the house and
      thereafter the accused caused the injuries on PW7 and PW8 and
      stabbed dagger. Thus, deadly weapons were used and the injuries
G     are found to be grievous in nature. As observed by this Court in
      catena of decisions nobody can enter into the mind of the accused
      and his intention has to be ascertained from the weapon used,
      part of the body chosen for assault and the nature of the injury
      caused. Considering the case on hand on the said principles, when
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                                      332
       SADAKAT KOTWAR AND ANR. v. THE STATE OF                              333
                   JHARKHAND

the deadly weapon – dagger has been used, there was a stab                  A
injury on the stomach and near the chest which can be said to be
on the vital part of the body and the nature of injuries caused, it
is rightly held that the appellants have committed the offence
under Section 307 IPC. [Para 4][335-F-H; 336-A-B]
      State of M.P. v. Mansingh (2003) 10 SCC 414 : [2003]                  B
      2 Suppl. SCR 460 – relied on.
      Jai Narain Mishra and Ors. v. State of Bihar (1971) 3
      SCC 762 – held inapplicable.
      Mahesh Balmiki v. State of M.P. (2000) 1 SCC 319 –
      referred to.                                                          C

                        Case Law Reference
[2003] 2 Suppl. SCR 460             relied on               Para 2
(2000) 1 SCC 319                    referred to             Para 4
                                                                            D
(1971) 3 SCC 762                    held inapplicable       Para 5
      CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
1316 of 2021.
      From the Judgment and Order dated 01.07.2019 of the High Court
of Jharkhand at Ranchi in Criminal Appeal (SJ) No. 393 of 2004.             E
     Shree Prakash Sinha, Ms. Mohua Sinha, Rakesh Mishra,
Nawalendra Kumar, Shekhar Kumar, Advs. for the Appellants.
     Arunabh Chowdhury, AAG, Ms. Barnali Chowdhury, Ms. Pragya
Baghel, Shantanu Sagar, Vishnu Sharma, Abhishek Roy, Advs. for the
Respondent.                                                                 F
      The Judgement of the Court was delivered by
      M. R. SHAH, J.
      1. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 01.07.2019 passed by the High Court of Jharkhand at         G
Ranchi in Criminal Appeal (SJ) No. 393 of 2004 by which the High
Court has upheld the conviction of the appellants herein for the offences
under Section 307 read with Section 34 of the IPC, the original accused
have preferred the present appeal.
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334             SUPREME COURT REPORTS                           [2021] 7 S.C.R.


A            2. We have gone through the impugned judgment and order passed
      by the High Court as well as the judgment and order passed by the
      learned Trial Court convicting the accused for the offences under Section
      307 read with Section 34 of the IPC. The prosecution as such has
      examined in all 10 witnesses in support of the case of the prosecution,
      out of which, there are two injured eye-witnesses PW7 and PW8. Both
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      of them have supported the case of the prosecution. Even the other
      witnesses examined by the prosecution i.e. PW1, PW2, PW4 and PW10
      are consistent in their statements and have fully supported the case of
      the prosecution. The prosecution has been successful in proving the
      case against the accused that Appellant No.2 - Refaz Kotwar stabbed
C     PW8 - Mohd. Jamil Kotwar with a dagger on the right side of his stomach
      and on left ribs and that PW7 was also stabbed by Appellant No.1 -
      Sadakat Kotwar with a dagger in her ribs. We see no reason to doubt
      the testimony of the witnesses examined on behalf of the prosecution
      more particularly, PW7 and PW8 who are the injured eye-witnesses. It
      is required to be noted that PW7 and PW8 are the injured eye-witnesses.
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      As held by this Court in the case of State of M.P. vs. Mansingh,
      (2003) 10 SCC 414 para 9, the evidence of an injured eye-witness has
      great evidentiary value and unless compelling reasons exist, their
      statements are not to be discarded lightly. There are concurrent findings
      recorded by the courts below holding the appellants – original accused
E     guilty which do not require any interference by this Court in exercise of
      powers under Article 136 of the Constitution of India.
             3. Now so far as the submissions on behalf of the appellants that
      at the most the case may fall under Section 323 of the IPC and therefore,
      the courts below have erred in convicting the accused for the offence
F     under Section 307 IPC is concerned, it is the case on behalf of the
      appellants that it was a case of single blow/injury. However, it is required
      to be noted that the injury of a single blow was on the vital part of the
      body i.e. stomach and near chest. Nature of the injury is a grievous
      injury caused by a sharp cutting weapon. The following injuries were
      found on Jamil Kotwar:
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            “Incised wound 1”x1"x muscle deep with Haematoma formation
            4"x3" area in 4th and 5th inter costal space in mid axillary region of
            left axial.”
            The following injuries were found on Samsera Bibi:
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       SADAKAT KOTWAR AND ANR. v. THE STATE OF                                    335
             JHARKHAND [M. R. SHAH, J.]

      “Incised wound 1”x1/2"x pleura deep in 8 th inter costal space mid          A
      clericular line of left half of chest.”
      Thus, the nature of injuries was found to be grievous caused by
sharp cutting instrument.
     4. In the case of Mahesh Balmiki vs. State of M.P., (2000) 1
SCC 319 in paragraph 9 it is held as under:                                       B

      “9 . ... there is no principle that in all cases of a single blow Section
      302 Indian Penal Code is not attracted. A single blow may, in
      some cases, entail conviction Under Section 302 Indian Penal
      Code, in some cases Under Section 304 Indian Penal Code and in
      some other cases Under Section 326 Indian Penal Code. The                   C
      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            D
      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             E
      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.”
       4.1 It is not the case of the accused that the offence occurred out        F
of a sudden quarrel. It also does not appear that the blow was stuck in
the heat of the moment. On the contrary, considering the depositions of
PW7 and PW8 the accused persons pushed and took the husband of
PW7 out of the house and thereafter the accused caused the injuries on
PW7 and PW8 and stabbed dagger. Thus, deadly weapons have been                    G
used and the injuries are found to be grievous in nature. As the deadly
weapon has been used causing the injury near the chest and stomach
which can be said to be on vital part of the body, the appellants have
been rightly convicted for the offence under Section 307 read with Section
34 of the IPC. As observed and held by this Court in catena of decisions
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336              SUPREME COURT REPORTS                         [2021] 7 S.C.R.


A     nobody can enter into the mind of the accused and his intention has to be
      ascertained from the weapon used, part of the body chosen for assault
      and the nature of the injury caused. Considering the case on hand on the
      aforesaid principles, when the deadly weapon – dagger has been used,
      there was a stab injury on the stomach and near the chest which can be
      said to be on the vital part of the body and the nature of injuries caused,
B
      it is rightly held that the appellants have committed the offence under
      Section 307 IPC.
             5. We are in complete agreement with the view taken by the
      learned Trial Court as well as the High Court. Now so far as the reliance
      placed upon the decision of this Court in Jai Narain Mishra and Ors.
C     Vs. State of Bihar, (1971) 3 SCC 762 is concerned, on facts such decision
      shall not be applicable more particularly considering the subsequent
      decisions as well as the weapon used, nature of injuries caused on the
      vital part of the body.
            In view of the above and for the reasons stated hereinabove, the
D     present appeal fails and the same deserves to be dismissed and is
      accordingly dismissed.


      Devika Gujral                                               Appeal dismissed.

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