Shiva vs State of Madhya Pradesh

Heard learned counsel for the parties.

This appeal has been filed against the judgment of High Court by which the criminal appeal, filed by the appellant, challenging conviction under Section 302 of Indian Penal Code (IPC) was dismissed affirming the conviction and sentence.

The incident took place on 15.11.1996 on which date appellant, after certain exchange of words between him and the deceased, caused one stab injury below navel of the deceased. The deceased himself went to the police station and lodged FIR No.255/1996 under Sections 323, 506 and 294 IPC. The deceased was taken to the hospital where he was treated. Deceased died in the hospital on 07.12.1996 i.e. after about three weeks. After death of the deceased Section 302 IPC was added. The appellant was chargesheeted and faced trial. Prosecution examined PW1- mother of the deceased, PW2-Peer Khan, PW3-Manish and PW8-Bhuvan, all these witnesses claimed to be eye-witnesses. Investigating Officer as well as doctor were examined. Trial Court held the charge proved and convicted the appellant under Section 302 IPC and awarded life imprisonment. The appeal before the High Court has been dismissed affirming the conviction and sentence.

Learned counsel for the appellant has confined his submission to the extent that appellant at best can be convicted under Section 304 Part I IPC. There being only one stab injury below the navel and the appellant had no intention of killing the deceased. Further the deceased remained in the hospital for three weeks and died thereafter which is mitigating factor in favour of the appellant. He further submitted that appellant remained in custody for about 13 years.

Learned State counsel has opposed the submission and contends that the Trial Court did not commit any error in convicting the appellant under Section 302 IPC. Learned State counsel has placed reliance on the judgment of this Court in State of Rajasthan vs. Kanhaiya Lal (2019) 5 SCC 639.

Learned counsel for the appellant has also placed reliance on the judgments of this Court in Lavghanbhai Devjibhai Vasava vs. State of Gujarat (2018) 4 SCC 329, Deepak vs. State of Uttar Pradesh (2018) 8 SCC 228 and Nandlal vs. State of Maharashtra (2019) 5 SCC 224.

There cannot be any quarrel to the proposition laid down by this Court in the above judgments. The question depends on facts and circumstances of each case and after marshalling the facts Court can come to a conclusion whether that conviction can be made under Section 302 IPC or 304 Part I IPC. Thus we have to look into the facts and circumstances of the present case to examine the submissions raised before us.

The facts and circumstances of the present case indicates that appellant inflicted only one stab injury without repeating the assault and after inflicting one stab injury he ran away. The deceased himself went to the police station and a case was registered by the police under Sections 323, 506 and 294 IPC. The deceased remained in hospital for around three weeks i.e. 07.12.1996.

Looking to the facts of the present case and materials brought on the record, we find substance in the submission of the counsel for the appellant that present was a case where appellant could have been convicted only under Section 304 Part I IPC. Be as it may, looking to the nature of incident and the fact that only stab injury below the navel as well as registration of FIR under Sections 323, 506 and 294 IPC and further the death of the deceased after three weeks, are sufficient to come to a conclusion that present was a case for conviction under Section 304 Part I IPC. We, thus, modify the conviction of the appellant from Section 302 IPC to 304 Part I IPC and sentence him to the sentence already undergone.

The appeal is allowed to the above extent.