Facts
Appellants were convicted for murder and the same was confirmed by the Hon’ble High Court
2. Annoyed by the worship of a deity installed in a disputed land, carried out by one of the injured; the accused, on the instigation of the person who was is possession of the land, reached the house of the deceased with weapons and questioned them resulting in a scuffle ending with the death of the grandfather and injuries to the three grandchildren; as per the story of the prosecution. Nine accused were arrayed in the FIR but only six, against whom charge was laid by the Trial Court of which one died during the proceedings. Three, the appellants herein were charged with offences under Sections 302, 323 & 324 read with Section 34 of the Indian Penal Code. Two were charged under Sections 324, 341 & 506 read with Section 34; who were acquitted by the Trial Court. The three appellants herein were convicted under Section 302 read with Section 34 of the IPC, for the homicide and sentenced to life imprisonment and fine of Rs.1,000/- each. They were also convicted under Sections 323 & 324 read with Section 34 of IPC, for the injuries sustained by the grandchildren of the deceased, imposing a sentence of 6 months and 1 year respectively. The High Court confirmed the findings of the Trial Court leading to the conviction and affirmed the sentence imposed.
Analysis
Related witness: Witnesses are grandchildren of the deceased
5. We have gone through the entire records and depositions of the witnesses. At the outset, we have to notice that the ocular witnesses were all grandchildren of the deceased; which by itself would not result in eschewing their testimony. It is trite that, merely because witnesses are related, they cannot be termed to the interested, especially in a case where there is ocular testimony. The prosecution unequivocally proved that the altercation leading to the scuffle occurred in the house of the deceased, wherein the accused had come with deadly weapons, clearly with the intention to harm the inmates of the house, one of whom had visited the disputed property to offer prayers. That the dispute existed with reference to the land stands proved by the testimony of PW-4, a neighbour, who had gone to the house of the deceased, hearing the commotion. He testified in cross examination that there was animosity between the accused and the victims regarding the ownership of the place of worship.
Injury sustained as spoken by the eye-witnesses was corroborated by PW.4
10. We have to keep in mind that that there was a scuffle which ensued after the accused came to the house of the deceased, with deadly weapons. That they carried deadly weapons have been spoken of by all the three ocular witnesses, further corroborated by PW-4, a neighbour, who spoke of the accused being armed with an axe and a cutting weapon. The quarrel that ensued and the scuffle was also spoken of by PW4. The injury sustained by Than Singh; the deceased, as spoken of by the eye-witnesses was further corroborated by PW-4 who had accompanied the injured victims to the hospital. In cross-examination he specifically stated that he heard the sound of weeping of women from the neighbouring house and witnessed the scuffle, on reaching there. We find that nothing suspicious, to doubt the veracity of the ocular witnesses, has come out in their depositions either in the chief-examination or cross.
Since ocular witnesses did not depose about the reverse hit their overt act cannot be disbelieved
12. The deceased according to PW11, Doctor, suffered two injuries; both, on the head, one fatal and the other simple. The two injuries are as follows:
(i) swelling extended from left side of his head near to left ear extending up to middle of the scalp and this swelling was also extended up to parietal region of the head and blood was oozing from left ear and both nostrils of the nose of Than Singh and for determining the nature of this injury he advised for xray examination of Than Singh,
ii) lacerated wound on the front and at middle part of head.
In cross examination, the Doctor deposed that the fatal injury can be inflicted by a hard and blunt object. It was also deposed that the fatal injury could be caused by an accidental fall; which in the context of the specific corroborated testimony of a reverse hit by the axe is of no consequence. When a scuffle ensues, it cannot be said that the witnesses; especially if they were actively involved in the scuffle and were also injured, would speak of the minute details of who inflicted the blow, with what weapon and precisely how it was inflicted. Suffice it to notice that the ocular witnesses, also injured in the same transaction, spoke of a blow on the head of the deceased; their grandfather. The mere fact that PW2 and 3 did not speak of a reverse hit by an axe in the Section 161 statement cannot lead to their testimony of the overt act being disbelieved. The embellishment even if ignored, the overt act stands proved.
Appellants went to deceased’s house armed demonstrates premeditation and intention to cause injury and thus not qualifying for any exceptions under section 300 IPC
13. That, the accused came to the house of the deceased with the intention of questioning them regarding the visit made to the deity installed in the disputed property, has been unequivocally proved by the oral testimony of witnesses. That, the accused came to the house armed with deadly weapons also stands established which clearly points to the premeditation and the intention to cause injuries which were likely to cause death. The facts regarding the fight and the overt acts, as disclosed from the evidence does not commend us to find an offence covered under Part II of Section 304 nor falls under any of the Exceptions to Section 300; resulting in a finding of culpable homicide not amounting to murder. The medical evidence, that the injury could be caused either manually by a hard and blunt object or by an accidental fall, does not detract from the finding under Section 302, especially considering the ocular testimony; (i) of the accused having come with deadly weapons to the house of the victims, (ii) the altercation and fight that ensued and (iii) the overt acts of the accused, inflicting injuries on various parts of the body of the deceased and victims, (iv) totally corroborated by the medical evidence regarding injuries on the deceased and each of the injured witnesses; PWs 1 to 3. The fatal injury caused on the deceased was by a blow to the head; a vital part of the body, with the reverse side of an axe. The intention thus is clear, from the deadly nature of the weapons carried by the accused, who were the aggressors, who trespassed into the house of the victims and wielded such weapons in a manner causing grievous injuries to the victims; one of whom died. The severity of the injury, caused by a blow to the head, definitely resulted in the death; though after a few days, as deposed by the Doctor.
Conclusion: Conviction upheld
14. We find no reason to interfere with the conviction and sentence imposed on the accused. The appeal stands dismissed. The appellants, if on bail, shall appear and surrender before the Sessions Court, within two weeks of this order; failing which the Sessions Court shall take appropriate steps to apprehend them so as to undergo the sentence awarded.
Acts and Sections
Indian Penal Code (IPC):
– Section 302: Punishment for murder.
– Section 323: Punishment for voluntarily causing hurt.
– Section 324: Punishment for voluntarily causing hurt by dangerous weapons or means.
– Section 34: Acts done by several persons in furtherance of common intention.
Party
Maukam Singh & Others vs. State of Madhya Pradesh – Criminal Appeal No. 1741/2025 [@ Special Leave Petition (CRL) No. 13369 of 2024] – 2025 INSC 435 – April 2, 2025 – Hon’ble Justice K. Vinod Chandran and Hon’ble Justice Sudhanshu Dhulia.
