'Injury Sufficient To Cause Death': Punjab & Haryana High Court Converts Culpable Homicide Charge To Murder Conviction, Awards Life Sentence

The Punjab & Haryana High Court has converted the conviction for culpable homicide not amounting to murder into murder, observing that the injuries inflicted on the body of the deceased were "sufficient to cause death in the ordinary course of nature."

The convict was accused of murdering the deceased by hitting him with a broken glass bottle on the neck.

Justice Sureshwar Thakur and Justice Sudeepti Sharma noted that the doctor who examined the body of the deceased had deposed that the possibility of the injuries with a broken bottle cannot be ruled out and the cause of the death "was owing to shock and haemorrhage, as a result of injuries to major vessels of the neck and trachea, which were stated to be ante mortem in nature, and, also sufficient to cause death in the ordinary course of nature."

Rajinder Singh was acquitted by the Trial Court for the charge of murder under Section 302 IPC but he was convicted under Section 304-I of the IPC. Singh was sentenced to undergo rigorous imprisonment for a period of ten years for an offence punishable under Section 304-I IPC. 

However, the State and Singh both moved the High Court challenging the order of the Trial Court.

According to the FIR, an altercation occurred between the deceased, Sehdev, and the convict, Singh. Singh allegedly struck Sehdev on the neck with a broken glass bottle twice before fleeing.

Counsel for Singh argued that he should be acquitted because the Trial Court failed to appreciate the evidence. Whereas State argued that, the trial court had erred in not appreciating the fact, that it was a case of repeated blows, and, that the accused had caused serious injuries to the vital parts of the body of the deceased.

Therefore, counsel for the state argued that the appeal preferred by the State be accepted, and, the accused be convicted and sentenced for an offence punishable under Section 302 of the IPC

After hearing the submissions, the Court opined that the Trial Court erred in finding that the accused proved his grounds for an exception to the offence relating to the commission of an offence of culpable homicide amounting to murder.

The Court noted that the testimony of the eyewitnesses to the incident was duly proven, and the doctor who examined the deceased's body stated in the examination in chief, that the multiple fatal blows inflicted on the body were sufficient to cause death.

The bench further said that the examination in chief of the doctor was never challenged by any cross-examination. 

"Therefore, the opinion, as made by PW-9 qua the demise of the deceased thus acquires formidable force. Consequently, the above echoings, as made by PW-9, in his examination-in-chief, do relate, the fatal ante-mortem injuries to the time of the crime event hence taking place at the crime site," the Court opined.

"Thus, conjoint readings of the report of the FSL concerned, and, of the post-mortem report of the deceased concerned, along with the statements of the ocular witnesses (supra), do therebys foster an inference, that therebys there is inter se corroboration inter se the ocular account with the medical account, besides with the forensic account," it added.

Consequently, the Court allowed the plea of the State and convicted the accused under Section 302 IPC. However, it rejected the State's contention that the case fell under the 'rarest of the rare' category and sentenced Singh to life imprisonment.

Mr. Pardeep Prakash Chahar, Sr. DAG, Haryana.

Mr. Balraj Singh Dhull, Advocate for the appellant (in CRA-S-1029-SB-2003) and for the respondent (in CRA-D-393-DBA-2004).

Title: State of Haryana v. Rajinder Singh

Citation: 2024 LiveLaw (PH) 212

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