{"id":104402,"date":"2008-10-14T00:00:00","date_gmt":"2008-10-13T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/state-rep-by-inspector-of-police-vs-saravanan-anr-on-14-october-2008"},"modified":"2016-05-11T09:31:15","modified_gmt":"2016-05-11T04:01:15","slug":"state-rep-by-inspector-of-police-vs-saravanan-anr-on-14-october-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/state-rep-by-inspector-of-police-vs-saravanan-anr-on-14-october-2008","title":{"rendered":"State Rep. By Inspector Of Police vs Saravanan &amp; Anr on 14 October, 2008"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">State Rep. By Inspector Of Police vs Saravanan &amp; Anr on 14 October, 2008<\/div>\n<div class=\"doc_author\">Author: . M Sharma<\/div>\n<div class=\"doc_bench\">Bench: Arijit Pasayat, Mukundakam Sharma<\/div>\n<pre>                                                                     REPORTABLE\n\n                   IN THE SUPREME COURT OF INDIA\n\n                 CRIMINAL APPELLATE JURISDICTION\n\n                   CRIMINAL APPEAL NO.832 OF 2002\n\n\nState Rep. by Inspector of Police                      .... Appellant\n\n                                    versus\n\nSaravanan &amp; Anr.                                       .... Respondents\n\n                                JUDGMENT\n<\/pre>\n<p>Dr. Mukundakam Sharma, J.\n<\/p>\n<\/p>\n<p>1. By this judgment and order, we propose to dispose of the appeal filed<\/p>\n<p>   against the judgment and order of the Division Bench of the High Court<\/p>\n<p>   of Madras, whereby the Division Bench set aside the judgment and<\/p>\n<p>   order of the learned Additional Sessions Judge, Vellore and acquitted<\/p>\n<p>   both the accused respondents of all the charges framed against them.<\/p>\n<p>2. However, before we deal with the contentions raised before us in the<\/p>\n<p>   appeal, it would be necessary to state the facts of the case leading to<\/p>\n<p>   filing of the present appeal, which are as under:\n<\/p>\n<p>      The father of the accused respondents is the brother of P.W. 1    and<\/p>\n<p>P.W. 6. They inherited certain property which was again divided amongst<br \/>\nthem.      There were two mango trees on one acre of land at<\/p>\n<p>Kanililuppai village which belonged to P.W. 6. The father of accused had<\/p>\n<p>no share in that property. According to the measurement done both the<\/p>\n<p>trees of mango fell within the land of P.W.6. One of the trees had become<\/p>\n<p>dead tree. However, before the said measurement could take place the<\/p>\n<p>father of the accused respondents sold that tree to one Shanmugam for a<\/p>\n<p>sum of Rs. 1,000\/-.\n<\/p>\n<p>        The occurrence, which gives rise to the present appeal occurred on<\/p>\n<p>01.06.1991.     One week prior to the occurrence, P.Ws. 1, 2, 5 and<\/p>\n<p>Murugasan (hereinafter referred to as `the deceased&#8217;) were plucking<\/p>\n<p>mango fruits from the aforesaid tree when Janaki, who is mother of the<\/p>\n<p>accused respondents, came there and collected some mangoes. However<\/p>\n<p>P.W. 6 did not allow Janaki to carry the mangoes, so collected by her. The<\/p>\n<p>same resulted in a wordy quarrel between P.Ws. 1, 2, the deceased and<\/p>\n<p>Janaki. Janaki beat the accused with a plate. Annoyed over that, P.W. 1<\/p>\n<p>attacked Janaki with a stick.\n<\/p>\n<p>        On the evening of 01.06.1991, P.Ws 1, 2, 3 along with deceased and<\/p>\n<p>P.W. 5 went to the house of one Kanniammal for weaving work, which is<\/p>\n<p>located nine houses away from the house of P.W. 1. At that time, P.W. 4<\/p>\n<p>was cooking in the house. Around 6.45 p.m., accused\/respondent 1 and 2<\/p>\n<p>(for short `A1&#8242; and `A2&#8242; respectively) trespassed into the house of P.W. 1<\/p>\n<p>and damaged the cooking utensils. Frightened by that act of the accused,<\/p>\n<p><span class=\"hidden_text\">                                    2<\/span><br \/>\nP.W. 4 informed about this incident to P.Ws. 1 to 3. From the place of<\/p>\n<p>weaving, P.W. 1 went back to his house and asked A1 and A2 as to why<\/p>\n<p>they damaged the pots. P.Ws. 2, 3, the deceased and P.W. 5 followed<\/p>\n<p>P.W. 1 to the house. At that stage, A1, with M.O. 1 attacked on the right<\/p>\n<p>side head, left upper arm and left thigh of P.W. 1, who was caught and hold<\/p>\n<p>tightly by A2. At the time when P.W. 2 intervened, A2 with M.O. 2 attacked<\/p>\n<p>upon him on his head; his right shoulder and right leg knee.           The<\/p>\n<p>deceased, Murugesan, intervened and A1 stating that he must die and<\/p>\n<p>with that, attacked on the back side of his head with M.O. 1. The brain<\/p>\n<p>came out. Deceased was bleeding through his nose and mouth. Struck by<\/p>\n<p>the aforesaid blow the deceased fell down, upon which A1 and A2 started<\/p>\n<p>kicking the deceased.    P.W. 3 intervened to prevent A1 from further<\/p>\n<p>assaulting deceased. A2, with M.O. 3 &#8211; bamboo stick attacked P.W. 3 on<\/p>\n<p>his left forehead and shoulder, resulting in the left eye of P.W. 3 getting<\/p>\n<p>congested. Thereafter, A1 and A2 ran away from the scene of occurrence.<\/p>\n<p>      P.Ws 1, 2 and the deceased were taken by P.W. 5 and two others in<\/p>\n<p>a bullock cart to the Government Hospital at Arani. The Medical Officer,<\/p>\n<p>who was later on examined as P.W. 10, examined P.W. 1 and found a<\/p>\n<p>number of injuries on his person. He also examined P.W. 2 and found a<\/p>\n<p>number of injuries on his person as well. P.W. 3 was also examined in the<\/p>\n<p>Government Hospital and on such examination a number of injuries were<\/p>\n<p>also found on his person. All the injuries found on P.Ws 1, 2 and 3 were<\/p>\n<p><span class=\"hidden_text\">                                   3<\/span><br \/>\nrecorded in the accident register, which is marked as Exhibit P.12.<\/p>\n<p>Intimation, Exhibit P.13, regarding the admission of P.W. 1, P.W. 2 and the<\/p>\n<p>deceased in the Hospital was also sent to police station at Arani.<\/p>\n<p>       On receipt of the aforesaid intimation, Exhibit P.13, from the<\/p>\n<p>Government Hospital the police started investigation and examined P.W. 1<\/p>\n<p>and recorded a statement from him, which is marked in this case as Exhibit<\/p>\n<p>P.1.   The same stood registered in crime No. 185\/91 for offences<\/p>\n<p>punishable under Sections 341, 324, 325 and 307 of the Indian Penal<\/p>\n<p>Code, 1860 (for short `IPC&#8217;). Exhibit P. 26 is the F.I.R. During investigation<\/p>\n<p>the investigating officer examined number of witnesses and recorded their<\/p>\n<p>statements and also went to the scene of occurrence from where he<\/p>\n<p>recovered M.Os. 7 and 8.     As the condition of the deceased was serious,<\/p>\n<p>he was referred to the Government Hospital at Vellor and on 9.45 p.m. on<\/p>\n<p>01.06.1991, he was admitted in the Government Hospital at Vellor.<\/p>\n<p>Deceased succumbed to the injuries sustained by him at 3.50 a.m. on<\/p>\n<p>02.06.1991. On receipt of the aforesaid death intimation, the investigation<\/p>\n<p>officer, P.W. 15 altered the section of offence to Section 302 IPC. On<\/p>\n<p>conclusion of the enquiry, he submitted a charge sheet as against both the<\/p>\n<p>accused persons.\n<\/p>\n<p>       During trial P.W.1, who is father of P.W. 2, P.W. 5 and deceased, as<\/p>\n<p>also P.W. 2 to 17 were examined as witnesses. On conclusion of the trial,<\/p>\n<p>the learned trial court found both the accused guilty of the offences<\/p>\n<p><span class=\"hidden_text\">                                    4<\/span><br \/>\ncharged against them. A1 was sentenced to undergo imprisonment for the<\/p>\n<p>offence punishable under section 302 IPC and A2 was sentenced to<\/p>\n<p>undergo life imprisonment for the offence punishable under section 302<\/p>\n<p>read with Section 34 IPC. They were also sentenced to imprisonment for<\/p>\n<p>six months each under Section 427 and Section 448 IPC. A1 was also<\/p>\n<p>held guilty under Section 307 IPC and A2 under Section 307 read with<\/p>\n<p>Section 34 IPC and sentenced to undergo imprisonment for three years.<\/p>\n<p>They were also directed to pay a fine of Rs. 1000\/- and in default thereof<\/p>\n<p>both the accused were directed to undergo imprisonment for one year<\/p>\n<p>additionally. A2, in addition to the abovesaid, was also held guilty under<\/p>\n<p>Section 323 and Section 324 IPC and sentenced to undergo imprisonment<\/p>\n<p>for six months and one year respectively. All the sentences were ordered to<\/p>\n<p>run concurrently.\n<\/p>\n<\/p>\n<p>3. Being aggrieved by the aforesaid judgment and order passed by the trial<\/p>\n<p>   court an appeal was filed by both the accused before the High Court of<\/p>\n<p>   Madras, which was heard by a Division Bench of the said Court. The<\/p>\n<p>   High Court allowed the appeal and set aside the judgment and order of<\/p>\n<p>   the trial court and acquitted both the accused of all the charges.<\/p>\n<p>4. The present appeal was filed by the State of Tamil Nadu being<\/p>\n<p>   aggrieved by the order of acquittal passed by the High Court of Madras.<\/p>\n<p><span class=\"hidden_text\">                                    5<\/span><br \/>\n   We have heard the learned counsel for the parties, who drew our<\/p>\n<p>   attention to entire evidence existing on record.      Having heard the<\/p>\n<p>   learned counsel appearing for both the parties and having looked into<\/p>\n<p>   various facts and evidences available on record, we propose to dispose<\/p>\n<p>   of this appeal by this Judgment.\n<\/p>\n<\/p>\n<p>5. Learned counsel appearing for the appellant brought to our notice the<\/p>\n<p>   evidence of all the witnesses as also all other relevant documents<\/p>\n<p>   including the first information report in support of his contentions that<\/p>\n<p>   the order of acquittal passed by the learned Division Bench of the High<\/p>\n<p>   Court cannot be upheld and requires to be set aside. Counsel for the<\/p>\n<p>   respondents, on the other hand, submitted that the order of acquittal<\/p>\n<p>   does not call for any interference for it takes notice of all the relevant<\/p>\n<p>   facts and factors, and therefore, the appeal is required to be dismissed.<\/p>\n<p>6. We have carefully gone through the Judgment passed by the Division<\/p>\n<p>   Bench of the High Court. A bare perusal of the said judgment would<\/p>\n<p>   indicate that the order of acquittal was mainly based on the fact that<\/p>\n<p>   there was a delay in sending Exhibit P.26, the formal F.I.R. to the court.<\/p>\n<p>   The Division Bench also held that there was no clear evidence to prove<\/p>\n<p>   and establish that it is the accused who caused injuries on the<\/p>\n<p>   witnesses as well as the deceased. The Division Bench was also of the<\/p>\n<p><span class=\"hidden_text\">                                      6<\/span><br \/>\n   view that till the deceased died and case was converted into Section<\/p>\n<p>   302 IPC, the accused persons were not identified. It was also held by<\/p>\n<p>   the Division Bench that there was no clear evidence to prove as to who<\/p>\n<p>   has caused injuries on the witnesses as well as on the deceased. In<\/p>\n<p>   view of the aforesaid findings, the Division Bench has set aside the<\/p>\n<p>   order of conviction passed by the trial court.\n<\/p>\n<\/p>\n<p>7. We carefully scrutinized and analyzed the evidence adduced by the<\/p>\n<p>   parties. There is no denial and dispute to the fact that the deceased<\/p>\n<p>   died due to the injuries sustained by him. There is also no dispute with<\/p>\n<p>   regard to the fact that P.Ws 1, 2 and 3 received their injuries during the<\/p>\n<p>   incident and they are the eye witnesses to the occurrence. They have<\/p>\n<p>   specifically stated in their deposition as to how the occurrence had<\/p>\n<p>   taken place.\n<\/p>\n<\/p>\n<p>8. Before the High Court the stand taken by the respondents was that the<\/p>\n<p>   evidence of P.W. 1, 2, 3, 4 and 5 should not have been relied upon as<\/p>\n<p>   they were closely related to the deceased and were interested<\/p>\n<p>   witnesses. The law is long settled that relationship is not a factor to<\/p>\n<p>   affect the credibility of a witness, for the mere reason that an eyewitness<\/p>\n<p>   can be said to be an interested witness, his\/her testimony need not be<\/p>\n<p>   rejected. Most of the times, eyewitnesses happen to be family members<\/p>\n<p><span class=\"hidden_text\">                                     7<\/span><br \/>\n  or close associates because unless a crime is committed in a public<\/p>\n<p>  place, strangers are not likely to be present at the time of occurrence. It<\/p>\n<p>  is more often than not that a relation would not conceal actual culprit<\/p>\n<p>  and make allegation against an innocent person. Whenever any plea is<\/p>\n<p>  taken by the accused persons about the interestedness of witnesses,<\/p>\n<p>  materials have to be placed in that regard. In such cases, the Court has<\/p>\n<p>  to adopt a careful approach and analyse evidence to find out whether it<\/p>\n<p>  is cogent and credible.\n<\/p>\n<\/p>\n<p>9. The theory that the witnesses being close relatives and consequently<\/p>\n<p>  being partisan witnesses, should not be relied upon, was repelled by<\/p>\n<p>  this Court in the year 1953 itself in the case of <a href=\"\/doc\/770422\/\">Dalip Singh v. State of<\/p>\n<p>  Punjab<\/a> [AIR 1953 SC 364], wherein it was held as under:<\/p>\n<p>     &#8220;26. A witness is normally to be considered independent<br \/>\n     unless he or she springs from sources which are likely to be<br \/>\n     tainted and that usually means unless the witness has cause,<br \/>\n     such as enmity against the accused, to wish to implicate him<br \/>\n     falsely. Ordinarily, a close relative would be the last to screen<br \/>\n     the real culprit and falsely implicate an innocent person. It is<br \/>\n     true, when feelings run high and there is personal cause for<br \/>\n     enmity, that there is a tendency to drag in an innocent person<br \/>\n     against whom a witness has a grudge along with the guilty, but<br \/>\n     foundation must be laid for such a criticism and the mere fact<br \/>\n     of relationship far from being a foundation is often a sure<br \/>\n     guarantee of truth. However, we are not attempting any<br \/>\n     sweeping generalisation. Each case must be judged on its<br \/>\n     own facts. Our observations are only made to combat what is<br \/>\n     so often put forward in cases before us as a general rule of<br \/>\n     prudence. There is no such general rule. Each case must be<br \/>\n     limited to and be governed by its own facts.&#8221;\n<\/p>\n<p><span class=\"hidden_text\">                                   8<\/span><br \/>\n      A similar view was taken in a later decision of this Court in <a href=\"\/doc\/1048134\/\">Masalti v.<\/p>\n<p>State of U.P.,<\/a> [(1964) 8 SCR 133] wherein this Court observed as follows:<\/p>\n<blockquote><p>      &#8220;But it would, we think, be unreasonable to contend that<br \/>\n      evidence given by witnesses should be discarded only on the<br \/>\n      ground that it is evidence of partisan or interested<br \/>\n      witnesses&#8230;&#8230;&#8230;&#8230;.The mechanical rejection of such evidence<br \/>\n      on the sole ground that it is partisan would invariably lead to<br \/>\n      failure of justice. No hard and fast rule can be laid down as to<br \/>\n      how much evidence should be appreciated. Judicial approach<br \/>\n      has to be cautions in dealing with such evidence; but the plea<br \/>\n      that such evidence should be rejected because it is partisan<br \/>\n      cannot be accepted as correct.&#8221;\n<\/p><\/blockquote>\n<p>10.The principles laid down in the above said cases have been reiterated<\/p>\n<p>   by this Court time and again. <a href=\"\/doc\/41408\/\">In State of Rajasthan v. Teja Ram,<\/a><\/p>\n<p>   [(1999) 3 SCC 507] this Court further stated that over-insistence on<\/p>\n<p>   witnesses having no relation with the victims often results in criminal<\/p>\n<p>   justice going awry. The observations as enumerated in Para 20 are as<\/p>\n<p>   follows:\n<\/p>\n<p>      &#8220;The over-insistence on witnesses having no relation with the<br \/>\n      victims often results in criminal justice going awry. When any<br \/>\n      incident happens in a dwelling house, the most natural<br \/>\n      witnesses would be the inmates of that house. It is<br \/>\n      unpragmatic to ignore such natural witnesses and insist on<br \/>\n      outsiders who would not have even seen anything. If the court<br \/>\n      has discerned from the evidence or even from the<br \/>\n      investigation records that some other independent person has<br \/>\n      witnessed any event connecting the incident in question, then<br \/>\n      there is a justification for making adverse comments against<br \/>\n      non-examination of such a person as a prosecution witness.<br \/>\n      Otherwise, merely on surmises the court should not castigate<\/p>\n<p><span class=\"hidden_text\">                                    9<\/span><br \/>\n      the prosecution for not examining other persons of the locality<br \/>\n      as prosecution witnesses. The prosecution can be expected to<br \/>\n      examine only those who have witnessed the events and not<br \/>\n      those who have not seen it though the neighbourhood may be<br \/>\n      replete with other residents also.&#8221;\n<\/p>\n<p>      Moreover, in <a href=\"\/doc\/656309\/\">Amzad Ali v. State of Assam,<\/a> [(2003) 6 SCC 270],<\/p>\n<p>wherein one of was a member (Dr. Arijit Pasayat) this Court stated in clear<\/p>\n<p>terms that there is no rule of any presumption that the evidence of a related<\/p>\n<p>witness will always be an interested one or that such witness will have only<\/p>\n<p>a hostile attitude towards the accused facing trial.<\/p>\n<p>11.The High Court also held that as there were some discrepancies and<\/p>\n<p>   improvements in the statement of the witnesses, their evidence should<\/p>\n<p>   not be relied upon. <a href=\"\/doc\/1381651\/\">In State of U.P. v. M.K. Anthony,<\/a> [(1985) 1 SCC<\/p>\n<p>   505] this Court has laid down the approach which should be followed by<\/p>\n<p>   the Court in such cases:\n<\/p>\n<p>      &#8220;10. While appreciating the evidence of a witness, the<br \/>\n      approach must be whether the evidence of the witness read as<br \/>\n      a whole appears to have a ring of truth. Once that impression<br \/>\n      is formed, it is undoubtedly necessary for the court to<br \/>\n      scrutinise the evidence more particularly keeping in view the<br \/>\n      deficiencies, drawbacks and infirmities pointed out in the<br \/>\n      evidence as a whole and evaluate them to find out whether it<br \/>\n      is against the general tenor of the evidence given by the<br \/>\n      witness and whether the earlier evaluation of the evidence is<br \/>\n      shaken as to render it unworthy of belief. Minor discrepancies<br \/>\n      on trivial matters not touching the core of the case, hyper-<br \/>\n      technical approach by taking sentences torn out of context<br \/>\n      here or there from the evidence, attaching importance to some<br \/>\n      technical error committed by the investigating officer not going<\/p>\n<p><span class=\"hidden_text\">                                     10<\/span><br \/>\n      to the root of the matter would not ordinarily permit rejection of<br \/>\n      the evidence as a whole. If the court before whom the witness<br \/>\n      gives evidence had the opportunity to form the opinion about<br \/>\n      the general tenor of evidence given by the witness, the<br \/>\n      appellate court which had not this benefit will have to attach<br \/>\n      due weight to the appreciation of evidence by the trial court<br \/>\n      and unless there are reasons weighty and formidable it would<br \/>\n      not be proper to reject the evidence on the ground of minor<br \/>\n      variations or infirmities in the matter of trivial details. Even<br \/>\n      honest and truthful witnesses may differ in some details<br \/>\n      unrelated to the main incident because power of observation,<br \/>\n      retention and reproduction differ with individuals. Cross-<br \/>\n      examination is an unequal duel between a rustic and refined<br \/>\n      lawyer&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.&#8221;\n<\/p>\n<p>      Even otherwise, it has been said time and again by this Court that<\/p>\n<p>while appreciating the evidence of a witness, minor discrepancies on trivial<\/p>\n<p>matters without affecting the core of the prosecution case, ought not to<\/p>\n<p>prompt the court to reject evidence in its entirety. Further, on the general<\/p>\n<p>tenor of the evidence given by the witness, the trial court upon appreciation<\/p>\n<p>of evidence forms an opinion about the credibility thereof, in the normal<\/p>\n<p>circumstances the appellate court would not be justified to review it once<\/p>\n<p>again without justifiable reasons. It is the totality of the situation, which has<\/p>\n<p>to be taken note of.     Difference in some minor detail, which does not<\/p>\n<p>otherwise affect the core of the prosecution case, even if present, that itself<\/p>\n<p>would not prompt the court to reject the evidence on minor variations and<\/p>\n<p>discrepancies.\n<\/p>\n<p><span class=\"hidden_text\">                                      11<\/span>\n<\/p>\n<p>12.In the present case all the injured persons have categorically stated not<\/p>\n<p>   only the manner in which the incident on the day of occurrence took<\/p>\n<p>   place but also the incident which occurred on the previous week. It has<\/p>\n<p>   come in evidence that Janaki was not allowed to carry the mangoes<\/p>\n<p>   collected by her by PW 6, which resulted in a wordy quarrel between<\/p>\n<p>   P.Ws. 1, 2, the deceased and Janaki, consequent to which Janaki beat<\/p>\n<p>   the deceased with a plate and annoyed by the said fact PW 1 attacked<\/p>\n<p>   Janaki with a stick. The said incident establishes that there was a<\/p>\n<p>   quarrel going on between the parties consisting of P.Ws 1, 2, 3, the<\/p>\n<p>   deceased and others as against the accused person and their mother &#8211;<\/p>\n<p>   Janaki. The witnesses have been consistent with regard to the fact that<\/p>\n<p>   when P.Ws 1, 2, 3 along with deceased and P.W. 5 went to the house<\/p>\n<p>   of one Kanniammal for weaving work, which is situated nine houses<\/p>\n<p>   away from the house of PW 1 and PW 4 was cooking in the house, at<\/p>\n<p>   that time, A1 and A2 trespassed into the house of PW 1 and damaged<\/p>\n<p>   the cooking utensils. Being so informed by PW 4 to P.Ws 1 to 3, PW 1<\/p>\n<p>   came to his house followed by P.Ws 2 and 3, the deceased and PW 5<\/p>\n<p>   and around the same time A1 attacked the deceased as also the PW 1<\/p>\n<p>   being so caught and held by A2. The deposition of the witnesses, as<\/p>\n<p>   per record, indicates that all the injuries received by them were caused<\/p>\n<p>   during the incident by accused persons. The injured witnesses are eye<\/p>\n<p>   witnesses and therefore there is no reason to rope in some other<\/p>\n<p>   persons other than the actual culprits. The said evidence could not be<\/p>\n<p><span class=\"hidden_text\">                                   12<\/span><br \/>\n   shaken and when we examine the factual scenario in the light of the<\/p>\n<p>   above discussed legal principles we find that the High Court was not<\/p>\n<p>   justified in coming to the conclusion that it was not proved from the<\/p>\n<p>   evidence available on record as to who committed the aforesaid crime.<\/p>\n<p>13.Therefore, we have no hesitation in our mind to come to the conclusion<\/p>\n<p>   that the injuries were caused by the accused persons not only on the<\/p>\n<p>   person of eye witnesses but also on the person of deceased which<\/p>\n<p>   resulted in his death and the prosecution has been able to prove its<\/p>\n<p>   case beyond any reasonable doubt.\n<\/p>\n<\/p>\n<p>14.Having come to the aforesaid conclusion, another question that comes<\/p>\n<p>   up for our consideration is whether it would be a case punishable under<\/p>\n<p>   section 302 IPC.     It appears from the evidence on record and the<\/p>\n<p>   manner in which the occurrence had taken place that there was some<\/p>\n<p>   altercation between the parties. The accused persons were also not<\/p>\n<p>   armed with any deadly weapon, and therefore, it could be deduced that<\/p>\n<p>   when they went to the house of PW 1 and damaged the cooking<\/p>\n<p>   utensils there was no intention of killing. Accused could kill PW 4 at that<\/p>\n<p>   stage, which they did not. Rather when PW 1 being followed by P.Ws<\/p>\n<p>   2, 3, the deceased and PW 5 came to the house and there was some<\/p>\n<p>   altercation and exchange of hot words, during that stage the accused<\/p>\n<p><span class=\"hidden_text\">                                    13<\/span><br \/>\ngave injuries to PW 1, 2, 3 and also to the deceased. The said injuries<\/p>\n<p>were also caused by stick. In the said crusade injuries were also<\/p>\n<p>inflicted on the person of A1. Therefore, in our considered opinion, the<\/p>\n<p>present case cannot be said to be a case falling under the provisions of<\/p>\n<p>Section 302 IPC. Both the accused persons are therefore, convicted<\/p>\n<p>under Section 304 Part II instead of 302 IPC and sentenced to undergo<\/p>\n<p>rigorous imprisonment for a period of seven years. While coming to the<\/p>\n<p>aforesaid conclusion, we are fortified by a decision of this Court in<\/p>\n<p><a href=\"\/doc\/1242810\/\">Dharam &amp; Ors. v. State of Haryana<\/a> [JT 2007(1) SC 299], wherein also<\/p>\n<p>under similar circumstances, this Court held that the offence committed<\/p>\n<p>by the accused persons would fall within the ambit of Section 304 Part<\/p>\n<p>II.   In that case the deceased and the accused happened to be blood<\/p>\n<p>relations and having regard to the peculiar circumstances of the case in<\/p>\n<p>which the incident took place, fatal injury inflicted on the head of the<\/p>\n<p>deceased, which was found to be sufficient in the ordinary course of<\/p>\n<p>nature to cause death could not be held as an injury intended by the<\/p>\n<p>accused persons to cause death or an injury likely to cause death of<\/p>\n<p>deceased. The facts, therefore, are almost similar to case in hand and<\/p>\n<p>the ratio is fully applicable to the facts of this case.<\/p>\n<p><span class=\"hidden_text\">                                    14<\/span>\n<\/p>\n<p>15.The appeal is partly allowed. The judgment of High Court is set aside<\/p>\n<p>   but with abovesaid modification.     Both the accused are directed to<\/p>\n<p>   surrender forthwith to serve the remaining sentence.<\/p>\n<p>                                                 &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..J.\n<\/p>\n<p>                                                          (Dr. Arijit Pasayat)<\/p>\n<p>                                                &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;J.\n<\/p>\n<p>                                               (Dr. Mukundakam Sharma)<\/p>\n<p>New Delhi,<br \/>\nOctober 14, 2008<\/p>\n<p><span class=\"hidden_text\">                                   15<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India State Rep. By Inspector Of Police vs Saravanan &amp; Anr on 14 October, 2008 Author: . M Sharma Bench: Arijit Pasayat, Mukundakam Sharma REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.832 OF 2002 State Rep. by Inspector of Police &#8230;. Appellant versus Saravanan &amp; Anr. &#8230;. [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-104402","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>State Rep. 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