Rajasthan HC Upholds 33-Year-Old Conviction For Culpable Homicide Not Murder But Orders Release Of Convicts Citing Their "Long Ordeal"

While upholding a 33-year-old order convicting four men for culpable homicide not amounting to murder, the Jaipur bench of the Rajasthan High Court reduced their seven year sentence to period already undergone in prison observing that they had to pass through a long ordeal both mentally and financially.

A single judge bench of Justice Anoop Kumar Dhand in its September 19 judgment said, "The appellants have undergone the imprisonment from 03.10.1990 to 15.06.1991 during investigation and trial and remained in jail after conviction w.e.f. 07.12.1991 till 18.01.1992. The occurrence took place more than three and a half decade back and at the time of occurrence the age of the appellants was approximately 19-20 years. The appellants had to pass through this long ordeal for above 34 years, mentally and financially".

"In the facts and circumstances of the case, for the occurrence which took place in the year 1990 and at that relevant time, the age of the accused-appellants was approximately 19-20 years and they were young and having no motive, or any intention to cause death of the deceased-Goverdhan. The deceased came in between and suffered injuries and died, they remained in custody during the period of investigation, trial and after conviction for a considerable period of time. Hence, maintaining their conviction, their sentence is reduced to the period of sentence already undergone by them," it added.

Background

The four men–appellants had challenged a 1991 order of the sessions court convicting them under IPC Section 304 Part-II IPC and sentenced to undergo seven years rigorous imprisonment with a fine of Rs.1000/- each and in case any default occurs, then to further undergo six months additional rigorous imprisonment.

As per the facts, the complainant had some altercation with the four appellants in relation to the latter's cattle grazing on the complainant's field. Later, the complainant along with his uncle Goverdhan (deceased) was passing by the field when the appellants suddenly appeared in front of them and started assaulting using sticks and gandaasi. The complainant managed to escape but the appellants continued to beat the deceased which ultimately resulted in his death.

The appellants contended that the entire case of prosecution was based solely on the testimony of the complainant who was claiming to have witnessed the entire incident. However, owing to the dark surroundings, it was not possible for him to identify the appellants properly. It was also alleged that it was the complainant himself who had killed his uncle who was deaf and dumb, for getting the entire property.

Findings

Aligning with the findings and decisions of the trial court, the high court observed that the defences taken by the appellants were not specific or clear and were contradictory in nature, and were rightly not relied upon by the trial court.

It observed that even though there was no enmity between the appellants and the deceased, and the former had no intention of causing death of the latter, the injuries that were inflicted upon the deceased were with the "knowledge" that those might result in Goverdhan's death. Hence, the appellants were liable for committing culpable homicide not amounting to murder, the court held.

The Court however referred to the Supreme Court 1979 decision in Mohinder Jolly v State of Punjab wherein the top court had given a similar ruling to the effect of finding the accused guilty of offence under Section 304 Part-II IPC and looking to his custody period of one year and one month, released him on the basis of sentence already undergone by him.

Accordingly, the high court partly allowed the convicts' appeal. It upheld the conviction but directed the appellants' release based on their period of imprisonment of around 9 months between 1990 and 1992 during investigation and post-conviction.

Case Title: Panna Lal & Ors. v State of Rajasthan

Citation: 2024 LiveLaw (Raj) 275

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