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TMI Blog2019 (8) TMI 1880X X X X Extracts X X X X X X X X Extracts X X X X ..... an be invoked if death is caused: (a) without premeditation; (b) in a sudden fight; (c) without the offender having taken undue advantage or acted in a cruel or unusual manner; and (d) the fight must have been with the person killed. In the present case, the Appellant-Accused and the deceased exchanged wordy abuses on which, Appellant gave the deceased blows on his head causing six head injuries. Where the occurrence took place suddenly and there was no premeditation on the part of the Accused, it falls under Exception 4 to Section 300 Indian Penal Code. The entire incident was in a sudden fight in which the Appellant-Accused caused head injuries on the deceased with an axe. There was no prior deliberation or determination to fight. The sudden quarrel arose between the parties due to trivial issue of grazing the buffaloes of the Appellant for which, the deceased raised objection. In a sudden fight, the Appellant had inflicted blows on the head of the deceased with an axe which caused six head injuries - Considering the fact that the occurrence was in a sudden fight, the occurrence would fall under Exception 4 to Section 300 Indian Penal Code. The conviction of the Appellant-Accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y undergone - Appeal allowed in part. X X X X Extracts X X X X X X X X Extracts X X X X ..... with a fine of Rs. 1,000/-. Being aggrieved, the Appellant has preferred appeal before the High Court. 5. The High Court affirmed the conviction of the Appellant-Accused by holding that mere delay in recording the statement of the witnesses Under Section 161 Code of Criminal Procedure is not fatal to the case of prosecution. After referring to the evidence of Mohinder Kanwar (PW-9)-Investigating Officer, the High Court held that there was a communal tension in the locality and therefore, PW-9 could not immediately record the statement of the witnesses and therefore, delay in recording the statement of witnesses would not affect the case of prosecution. The High Court also held that the delay in sending the FIR (Ex.-P9) to the Magistrate cannot be said to be fatal to the case of prosecution. Insofar as the conviction Under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the High Court held that the deceased Veer Singh belonged to Khangar Caste which is a Scheduled Caste and when deceased objected to the act of the Appellant-Accused of leaving his cattle in the field of deceased, Appellant got furious and scolded that as the deceased bel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and abused the deceased and caused injuries on his head in a sudden fight with axe. There was no premeditation for the occurrence and because of the grazing of the cattle, in a sudden fight, the occurrence had taken place. 9. The question to be considered is whether the act of the Appellant-Accused would fall under Exception 4 to Section 300 Indian Penal Code? Exception 4 to Section 300 Indian Penal Code can be invoked if death is caused: (a) without premeditation; (b) in a sudden fight; (c) without the offender having taken undue advantage or acted in a cruel or unusual manner; and (d) the fight must have been with the person killed. In the present case, the Appellant-Accused and the deceased exchanged wordy abuses on which, Appellant gave the deceased blows on his head causing six head injuries. Where the occurrence took place suddenly and there was no premeditation on the part of the Accused, it falls under Exception 4 to Section 300 Indian Penal Code. 10. As discussed earlier, the entire incident was in a sudden fight in which the Appellant-Accused caused head injuries on the deceased with an axe. There was no prior deliberation or determination to fight. The sudden quarrel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en years or more against a person or property knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine. The object of Section 3(2)(v) of the Act is to provide for enhanced punishment with regard to the offences under the Indian Penal Code punishable with imprisonment for a term of ten years or more against a person or property knowing that the victim is a member of a Scheduled Caste or a Scheduled Tribe. 13. In Dinesh alias Buddha v. State of Rajasthan (2006) 3 SCC 771, the Supreme Court held as under: 15. Sine qua non for application of Section 3(2)(v) is that an offence must have been committed against a person on the ground that such person is a member of Scheduled Castes and Scheduled Tribes. In the instant case no evidence has been led to establish this requirement. It is not case of the prosecution that the rape was committed on the victim since she was a member of Scheduled Caste. In the absence of evidence to that effect, Section 3(2)(v) of the Atrocities Act been applicable then by operation of law, the sentence would have been imprisonment for li ..... X X X X Extracts X X X X X X X X Extracts X X X X
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