Judgements

NEW DELHI :- JUDGEMENT OVERVIEW

COURT NAME :- Supreme Court of India (Full Bench (FB)- Three Judge)

CASE NAME :- GHULAM HASSAN BEIGH Versus MOHAMMAD MAQBOOL MAGREY & ORS. Appeal (Crl.), — of 2022,

JUDGEMENT DATE :- 26-07-2022

RELATED SECTION :-

INDIAN PENAL CODE, 1860

Section 302 – Punishment for murder

Section 304 – Punishment for culpable homicide not amounting to murder

IMPORTANT PARAGRAPH

J.B. PARDIWALA, Justice ;

1. Leave granted.

2. This appeal is at the instance of the original complainant
(husband of the deceased) and is directed against the order passed
by the High Court of Jammu and Kashmir at Srinagar dated
26.11.2020 in the CM (M) No. 99 of 2020 by which the High Court
rejected the revision application filed by the appellant herein thereby affirming the order passed by the Additional Sessions
Judge, Sopore (trial court) discharging the original accused persons
(respondents Nos. 1 to 7 herein) from the offence of murder
punishable under Section 302 of the Indian Penal Code (for short,
‘IPC’). Upon affirmation the trial court proceeded to frame charge
against the accused persons for the offence of culpable homicide
punishable under Section 304 of the IPC.

FACTUAL MATRIX

3. It appears from the First Information Report (FIR) bearing
No. 26/20 dated 22.03.2020 lodged by the appellant with the police
station situated at Dangiwacha that on the fateful day, the accused
persons formed an unlawful assembly and laid an assault on the
appellant and his family members after trespassing into the
residential property of the appellant herein. It is the case of the
prosecution that all the accused persons trespassed into the
residential property of the appellant and started damaging the tin
fence. When the appellant herein tried to restrain the accused
persons from causing any further damage, they all started
assaulting the appellant by giving fisticuffs. One of the accused persons is said to have hit the appellant with a wooden log. The wife
of the appellant herein and his daughter­in­law viz. Rubeena
Ramzan came to the rescue of the appellant. The accused persons
are alleged to have caught hold of the deceased (wife of the
appellant herein) and the daughter­in­law and both were beaten up
causing injuries. It is further alleged that the two female members
of the family were dragged by the accused persons as a result the
clothes of the deceased got torned thereby outraging her modesty.

4. In connection with the aforesaid incident, the appellant went
to the police station at Dangiwacha and lodged the FIR. The FIR
was initially registered for the offences punishable under Sections
147, 354, 323 and 451 respectively of the IPC. The deceased (wife
of the appellant) had to be shifted to a hospital as she suffered
injuries on her body. No sooner the deceased was brought to the
hospital than she was declared dead by the doctor on duty. In such
circumstances, Section 302 of the IPC came to be added in the FIR.
The post mortem of the body of the deceased was performed. The
statements of the various eye witnesses to the incident were
recorded. Various panchnamas were drawn. At the end of the investigation, the police filed charge sheet against the accused
persons for the offence of murder along with other offences as
enumerated above.

5. The cause of death of the deceased as assigned in the post
mortem is “cardio respiratory failure”. No poison was detected in
the viscera.

6. It appears that the trial court heard the prosecution as well as
the defence on the question of charge. Ultimately, the trial court
thought fit to discharge the accused persons of the offence of
murder punishable under Section 302 of the IPC and proceeded to
frame charge against the accused persons for the offence of
culpable homicide punishable under Section 304 of the IPC.

News, [28-07-2022 02:09]
7. The appellant herein, being aggrieved by such decision of the
trial court to discharge the accused persons of the offence of
murder, challenged the legality and validity of the order by filing a
revision application before the High Court. The High Court thought
fit to affirm the order passed by the trial court discharging the
accused persons of the offence of murder.

8. In such circumstances referred to above, the appellant has come up with the present appeal before this Court.

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GHULAM HASSAN BEIGH

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