Ram Kumar vs The State of Haryana

M.R. Sharma, J.—The learned Sessions Judge, Gurgaon, convicted the appellant u/s 302, Indian Penal Code, and awarded him imprisonment for life, vide his judgment dated February 1, 1974.

The appellant and Chandu Lal deceased were real brothers. The latter was having an illicit liaison with Goma, widow of their third brother Rabi. The appellant felt offended and asked the deceased to give up this nevarious practice. On August 25, 1973, at about 1 P.M. the appellant was standing by the side of his hand-cart and he told Chandu Lal deceased, who was also standing close-by, to discontinue his illicit connection with widow of their brother The deceased did not like this suggestion and exchanged hot words with the appellant. A knife happened to be lying on the hand-cart of the appellant which he took up and caused a thrust blow with it on the back lower part of the neck of the deceased. After giving this blow, he ran away from the place of the occurrence by proclaiming that he had taught the deceased a lesson for having illicit relations with the widow of his brother. The deceased moved up to a distance of 4/5 paces and climbed a chabutra while the knife was still embedded in his body. As soon as he took this knife out, he fell down on the ground, vomitted once and died 4/5 minutes thereafter.

The prosecution relied upon the statements of Suraj Bhan P.W. 2, Chuni Lal P.W. 3 and Manghu Ram P.W. 4, who are all independent and disinterested witnesses. All of them have testified to the aforementioned facts. We are accordingly of the view that the appellant is responsible for causing an injury to the deceased which resulted in the death of the latter. The only question to be seen is the nature of offence committed by the appellant. He and the deceased were real brothers and normally no brother would think of killing his brother unless he receives some provocation. The knife happened to be lying on the hand-cart. The appellant took it up and gave only one blow. These circumstances show that the appellant acted while deprived of the power of self-control under grave and sudden provocation. His case accordingly falls under Exception I to section 300, Indian Penal Code. In these circumstances, we acquit the appellant of the charge u/s 302, Indian Penal Code, and convict him u/s 304 (Part 1), I.P.C. and order that he should undergo rigorous imprisonment for five years.

The appeal stands allowed to the extent indicated above.