KESAR SINGH Vs. STATE OF HARYANA
LAWS(SC)-2008-4-85
SUPREME COURT OF INDIA
Decided on
April 29,2008
KESAR SINGH
Appellant
VERSUS
STATE OF HARYANA
Respondents
Referred Judgements :-
VIRSA SINGH VS. STATE OF PUNJAB [REFERRED TO]JAYARAJ VS. STATE OF TAMIL NADU [REFERRED TO]
STATE OF ANDHRA PRADESH VS. RAYAVARAPU PUNNAYYA [REFERRED TO]
THOLAN VS. STATE OF TAMIL NADU [REFERRED TO]
JAI PRAKASH VS. STATE DELHI ADMINISTRATION [REFERRED TO]
PATEL RASIKLAL BECHARBHAI VS. STATE OF GUJARAT [REFERRED TO]
GURDEEP SINGH JASWANT SINGH STATE OF PUNJAB VS. JASWANT SINGH:STATE OF PUNJAB:JOGA SINGH [REFERRED TO]
SHANKAR NARAYAN BHADOLKAR VS. STATE OF MAHARASHTRA [REFERRED TO]
Cited Judgements :-
SHIVPUJAN HARISHANKAR YADAV VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-1-30] [REFERRED TO]HIMANCHAL & ANOTHER VS. STATE OF U P [LAWS(ALL)-2015-8-24] [REFERRED TO]
RAGHAV PRASAD VS. STATE OF U.P. [LAWS(ALL)-2013-7-244] [REFERRED TO]
LALARAM VS. STATE OF U. P. [LAWS(ALL)-2022-9-167] [REFERRED TO]
LAXMAN GOPE VS. STATE OF TRIPURA [LAWS(TRIP)-2019-4-20] [REFERRED TO]
MADAN SAHNI VS. THE STATE OF BIHAR [LAWS(PAT)-2018-3-60] [REFERRED TO]
JAGDISHBHAI JASABHAI MEHTA VS. STATE OF GUJARAT [LAWS(GJH)-2012-1-156] [REFERRED TO]
MANVIR SINGH VS. STATE OF U.P. [LAWS(ALL)-2024-2-11] [REFERRED TO]
PHOOL BAGH SINGH VS. STATE OF DELHI [LAWS(DLH)-2009-7-254] [REFERRED TO]
RAM PRAKASH MAHTO SON OF LATE SWAROOP CHAND MAHTO VS. STATE OF BIHAR [LAWS(PAT)-2012-7-4] [REFERRED TO]
CHITTAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2012-8-156] [REFERRED TO]
RAM KISHAN VS. STATE [LAWS(DLH)-2009-8-13] [REFERRED TO]
GOPAL VS. STATE OF U.P. [LAWS(ALL)-2015-8-256] [REFERRED TO]
ROOP SINGH PANDEY AND ORS. VS. THE STATE OF U.P. [LAWS(ALL)-2016-2-127] [REFERRED TO]
SURESH VS. STATE OF U P [LAWS(ALL)-2016-6-68] [REFERRED]
JAGRAJ SINGH VS. STATE OF DELHI [LAWS(DLH)-2019-4-353] [REFERRED TO]
SUBHASH RAMJI KUMBHAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-10-54] [REFERRED TO]
BARE BABU & OTHERS VS. STATE OF U P [LAWS(ALL)-2012-11-240] [REFERRED]
PREM SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2024-6-16] [REFERRED TO]
RAVI SUBHASH NAIK VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-2-67] [REFERRED TO]
AJAY TIWARI, S/O LATE BANSHIDHAR TIWARI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-6-70] [REFERRED TO]
MAYUR MUKUNDBHAI DESAI VS. STATE OF GUJARAT & 1 [LAWS(GJH)-2018-10-31] [REFERRED TO]
VINAY KUMAR KUSHWHA ALIAS GULLU VS. STATE [LAWS(DLH)-2023-5-85] [REFERRED TO]
BALA BAINE LINGA RAJU VS. STATE OF A P [LAWS(SC)-2009-5-152] [REFERRED TO]
BRAHMDEO YADAV VS. STATE OF U.P. [LAWS(ALL)-2012-11-10] [REFERRED TO]
HARI DAYAL VS. STATE OF U.P. [LAWS(ALL)-2018-2-18] [REFERRED TO]
PADMANABAN VS. STATE [LAWS(SC)-2009-7-105] [REFERRED TO]
JUDGEMENT
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(1.)Leave granted.
(2.)Hardev Singh was a resident of Derabassi. He was a teacher. He, along with Karam Chand, came to village Budhanpur to meet his father on 24.4.1988. There was a vacant land in front of their house which was in possession of Pala Ram and others. It was a Shamlat land. They were digging foundation. Ujjagar Singh, father of Hardev Singh, asked them to leave some passage for their house whereupon Pala Ram exhorted that the old man should be taught a lesson. Ujjagar Singh shouted for help. Appellant and Karam Chand, on hearing his shouts came out. They saw Kesar Singh giving a Kassi (Spade) blow from the reverse side on the head of Hardev Singh's father. He fell down. He was taken to primary health centre. He was referred to the General Hospital. However, on 30.4.1988, his condition having deteriorated, he was referred to Medical Sciences and Research, Chandigarh for treatment. He succumbed to his injuries on 1.5.1988.
(3.)Appellants were charged for commission of an offence under Section 302/34 of the Indian Penal Code. The learned Sessions Judge accepted the prosecution case. He, however, opined that no case under Section 302 of the Indian Penal Code was made out, stating : "I, however, find force in the contention of learned defence counsel that the case in hand does not fall within ambit of Section 302 of the Indian Penal Code. It is admitted case of the prosecution that the occurrence was not the result of pre- meditation. The accused were filling foundation on the shamlat-street which was objected to by the deceased. There was a sudden fight and heat of passion accused Kesar Singh gave kassi blow on the head of Ujjagar Singh on the exhortation of Pala Ram accused. It was a single blow and that too from the blunt side of the Kassi. The crime committed by the accused is culpable homicide not amounting to murder as envisaged by Section 300 (Exception-4) IPC, punishable under Section 304-I of the Indian Penal Code."
(2.)Hardev Singh was a resident of Derabassi. He was a teacher. He, along with Karam Chand, came to village Budhanpur to meet his father on 24.4.1988. There was a vacant land in front of their house which was in possession of Pala Ram and others. It was a Shamlat land. They were digging foundation. Ujjagar Singh, father of Hardev Singh, asked them to leave some passage for their house whereupon Pala Ram exhorted that the old man should be taught a lesson. Ujjagar Singh shouted for help. Appellant and Karam Chand, on hearing his shouts came out. They saw Kesar Singh giving a Kassi (Spade) blow from the reverse side on the head of Hardev Singh's father. He fell down. He was taken to primary health centre. He was referred to the General Hospital. However, on 30.4.1988, his condition having deteriorated, he was referred to Medical Sciences and Research, Chandigarh for treatment. He succumbed to his injuries on 1.5.1988.
(3.)Appellants were charged for commission of an offence under Section 302/34 of the Indian Penal Code. The learned Sessions Judge accepted the prosecution case. He, however, opined that no case under Section 302 of the Indian Penal Code was made out, stating : "I, however, find force in the contention of learned defence counsel that the case in hand does not fall within ambit of Section 302 of the Indian Penal Code. It is admitted case of the prosecution that the occurrence was not the result of pre- meditation. The accused were filling foundation on the shamlat-street which was objected to by the deceased. There was a sudden fight and heat of passion accused Kesar Singh gave kassi blow on the head of Ujjagar Singh on the exhortation of Pala Ram accused. It was a single blow and that too from the blunt side of the Kassi. The crime committed by the accused is culpable homicide not amounting to murder as envisaged by Section 300 (Exception-4) IPC, punishable under Section 304-I of the Indian Penal Code."
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