NDLI: Pradumansinh Kalubha Vs. State of Gujarat

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Indian Penal Code 1860
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Evidence Act, 1872 (1 of 1872)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Indian Penal Code, 1860: Section 304 Part II-Appellant-Prosecution of-Caused death by delivering knife blow on chest of deceased-Acquittal by trial court-Conviction by High Court-Held appellant's involvement in crime early established-High Court has demonstrated conclusion of trial court wrong and not sustainable on evidence. Indian Evidence Act, 1872: Section 27-Weapon-Seizure of-Not material-When direct evidence available of involvement of accused. The prosecution alleged that the Harijans and the Garasia Durbars in the township of Thangadh in the respondent-State were not keeping good relationship for the past six months and that the brother of the appellant who was the manager of a Cinema Talkies assaulted a Harijan teacher and that thereafter the Harijans boycotted the theatre. On February 12, 1978, the deceased who was a Harijan painter had gone alongwith two others at about 6.00 P.M. for purchasing Datan and that when they proceeded to purchase a brush as desired by the deceased they turned back to pick up the Dc(tan.before it was too late. In the process, the deceased came in contact and unwittingly brushed with the appellant who had been passing alongwith the other two accused. Infuriated by the collision, the appellant scolded the deceased as untouchable drew out his knife and inflicted a blow on his chest. P.Ws. 4 and 5 were on the spot purchasing Datans from the vendor. The other two persons who accompanied the appellant assaulted the companions of the deceased with sticks. The deceased fell down with bleeding injury and the appellant and his associates left the place. The deceased was rushed to the Hospital, but died the same night. On recording the statement of PW 4 who was on the spot alongwith PW 5 a case was registered. The crime though originally registered for the offence under Section 307, IPC, was altered to Section 302, !PC. After investigation the appellant and two others were charge-sheeted. The prosecution adduced evidence to prove the relationship between the two factions and details of the investigation. The defence plea was that the incident did not happen in the manner in which .it had been stated, and that the appellant was not involved. It was alleged that there was a collision between the cyclists followed by a commotion in the course of which injuries had been sustained by the deceased. Evidence was adduced to prove this plea. The Sessions Judge rejected the prosecution case, considered the defence version more probable and acquitted the accused persons. The trial court found that the genesis of the crime as put forward was improbable. The appellant had mingled with Harijans boys as a sportsman in the past, and there was no reason for him to be annoyed and that the injuries sustained by the two companions of the deceased were simple and superficial and could be self inflicted and that if they were assaulted by all the four accused the assault would have resulted in more serious injuries.On appeal by the State, the High Court convicted the appellant for the offence under Section 304 Part II, IPC and sentenced him to undergo imprisonment for a term of five years. It re-examined the entire evidence and concluded that the account given by the eye-witness was true, that the reasons given by the Trial Court for rejecting the same as not sustainable. It found no infirmity in the evidence of the witnesses and their testimony wholly reliable. On the medical evidence it found that the deceased was stabbed in the left loin from the side, the .wound being cavity deep resulting in a cut of the spleen and the kidney, and lent corroboration to the testimony of the 4 PWs that the appellant had given a knife blow on the left loin of the deceased .In the appeal to this Court it was contended that the High Court had disregarded the principles for dealing with an appeal against an order of acquittal, and that the absence of blood on the spot where the incident occurred and the weapon seized throw doubt on the credibility of the investigation; The failure to examine non Harijan witnesses was also commented upon as amounting to suppression of material evidence.
Judge	Hon'ble Ms. Justice M. Fathima Beevi
Neutral Citation	1992 INSC 20
Petitioner	Pradumansinh Kalubha
Respondent	State Of Gujarat
SCR	[1992] 1 S.C.R. 259
Judgement Date	1992-01-21
Case Number	149

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