Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | murder caused by firearm ballistic expert's evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - ss. 302 and 304 (Part II) - Accused charged with murder caused by firearm - Acquittal by trial court, however, High Court convicted u/s 302 - On appeal, held: Accused caused fatal injury to deceased-Though deceased died of septicemia and toxemia owing to bed sores, basic cause of death was bullet injury - There was direct casual connection between hitting of bullet fired by accused to deceased and her death - Absence of evidence of Ballistic expert was not fatal - Requirement of mens rea was absent - There was no enmity - Occurrence took place without pre-meditation, in heat of passion upon sudden quarrel - At the most, accused had knowledge that use of revolver was likely to cause death, thus, s. 299 clause (3) attracted - Offence committed by the accused would be culpable homicide not amounting to murder - Hence, conviction altered to s. 304 (Part II) - Evidence. Evidence - Ballistic expert's evidence - Accused charged with murder caused by firearm - Failure to lead evidence of Ballistic expert to prove charges irrespective of quality of direct evidence on record - Does not vitiate trial - However, when direct evidence not available examination of Ballistic expert essential. According to the prosecution case, PW 1 along with his wife and son-PW 2 were living opposite to the house of the appellant. On the fateful day, appellant and his servant went to the house of PW 1 and sudden quarrel took place between the appellant and PW 2 over a minor issue. The appellant went to his house and took his father's revolver and opened indiscriminate firing towards PW1's house from the door of his house. One of the bullets hit the wife of PW 1 in her jaw. PW-1 lodged an FIR. He took his wife to the hospital for treatment. PW 4-doctor found two injuries on the person of the deceased. She developed bed sores and ultimately died on the 10th day. PW-7-doctor who conducted autopsy recovered a metallic bullet from her spinal cord which caused extensive damage in thoracic spine and paralysis of half of her body. He opined that death was caused due to septicemia and toxemia owing to bed sores. The investigations were carried out. The appellant and his servant were charged u/s 302 and 307 IPC. Prosecution examined witnesses. PW 1 and 2 were eye witnesses. PW 5 stated that the deceased had suffered paralysis in both her legs due to bullet injury sustained in the spinal cord. Trial Court holding the evidence to be insufficient to warrant conviction, acquitted the accused. High Court upheld the acquittal of the servant, however convicted the appellant. Hence, the present appeal.Appellant-accused contended that the Ballistic Report casts a serious doubt that the distorted bullet allegedly recovered from the spot came out of the seized revolver; that it was also obligatory on the part of the prosecution to send the bullet allegedly recovered from the body of the deceased for being examined by the Ballistic Expert; that it was the prosecution case that the accused was firing towards the house of the deceased without aiming at any person and the bullet hit the deceased accidentally when she was closing the door of the house; that even if the occurrence is admitted to have taken place in the manner alleged, the appellant cannot be held guilty for the commission of the offence punishable u/s 302; and that the occurrence having taken place without pre-medication, in the heat of the passion upon a sudden quarrel, the appellant is entitled to the benefit of Exception 4 of the section 300 IPC. |
Judge | Hon'ble Mr. Justice D.K. Jain |
Neutral Citation | 2007 INSC 1302 |
Petitioner | Vineet Kumar Chauhan |
Respondent | State Of U.p. |
SCR | [2007] 13 S.C.R. 727 |
Judgement Date | 2007-12-14 |
Case Number | 35 |
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