Case: Dharampal Vs. State of Uttar Pradesh

According to the prosecution, consolidation proceedings took place in the area concerned and the villagers had taken possession of vacant land in pursuance of the orders of the consolidation authorities. It so happened that plots originally belonging to one Mukhtayar Singh were taken possession of by Gurji, father of Dharampal. On the morning of April 18, 1968 the Lekhpal, P.W. 4, had come to the village and demarcated the Bachat land by placing marks to denote its boundary. It is the case of the prosecution that as a result of the demarcation of the Bachat land, Gurji got lesser extent of land than was originally occupied by him. In consequence, Dharampal and the six other accused attempted to demolish the marks fixed by the Lekhpal with a view to extend the area of their land. This act of the accused led to an exchange of abuses. Mukhtayar Singh, Abhay Ram and certain others were sitting in their land and having a smoke and Chat. The appellant and his three brothers along with a friend of theirs, one Lakhi Ram who were also nearby at that time abused Mukhtayar Singh and others. Gurji, father of the appellant, and Sher Singh, the appellants brother, who are also accused, came to the spot armed with Balkati, aweapon used for cutting sugarcane. Dharampal, along with four others who were with him, went and came back to the spot armed with spears and lathis. The appellant and his two brothers Anup and Rampal, had spears. On coming to the spot, the appellant immediately inflicted a spear blow on the abdomen of Abhay Ram, as a result of which the latter fell down and died on the spot. There were certain others also who were injured, with whom we are not concerned.3. Dr. Srivastava, who conducted theAbrasion on the leftposterior aspect middle part in an area of 1/2" X 1/4".3. Abrasion 3/4" X 1/4" on the back of the left hand.4. Abrasion 1 1/4" X 1/2" on the back left arm middle part."According to the doctor, injury No. 1 had been caused by someobject and injuries Nos. 2 to 4 had been caused by friction against a hard substance. On internal examination the doctor acted that the peritoneum was found cut under injury No. 1, cutting mesenteric vessels in greater omentum. The abdominal cavity contained about 1 1/2 pint blood. The left lobe of liver was cut to the extent of 3/4". In opinion of the doctor the death of Abhay Ram was due to shock and hemorrhage as a result of injury to liver and mesenteric vessels and that injury No. 1 was sufficient in the ordinary course of nature to cause death.4. The plea of the appellant was that when the Lekhpal was making measurement of the land, Mukhtayar Singh claimed certain portion of the land to be allotted to his Chak and that was opposed by him, his father and others. As a result hot words were exchanged between him and Mukhtayar Singh. Some time later Mukhtayar Singh, Abhay Ram and five other came to the field when the appellant was engaged in cutting sugarcane along with his father Gurji and his brother Sher Singh. Mukhtayar Singh and others who were armed with lathis started assaulting the appellant and his father and brothers. He further pleaded that inhe wielded a lathis that he had. He denied that he had a spear or that he pierced the abdomen of Abhay Ram as alleged by the prosecution. The learned Sessions Judge has disbelieved and defence plea. He has found that the case of the prosecution is fully established and that the appellant, along with his father, brothers and two others bad formed an unlawful assembly with the common object of assaulting Abhay Ram and others and far this purpose they came fully armed with the intention of assaulting them. The Sessions Judge has further found that the appellant was armed with a spear and that he pierced the abdomen of Abhay Ram with that spear, and as a result of the injuries caused by the appellant Abhay Ram died immediately. The learned Sessions Judge has also found that Mukhtayar Singh, Abhay Ram and others, except protesting against the act of the appellant and his group in trying to disturb the boundary fixed by the Lekhpal, did not act aggressively or violently in any manner. The further view of the learned Sessions Judge is that the plea of the appellant that he and his group were attacked by Mukhtayar Singh, Abhay Ram and others is absolutely false. On these findings the learned Sessions Judge held that the appellant was guilty of an offence under Section 302, I.P.C., for causing the death of Abhay Ram. The learned Judge has further held that the appellant does not deserve any leniency and, as such, he was awarded the death sentence.5. The High Court has agreed with all the conclusions arrived at by the learned Sessions Judge. It has held, agreeing with the Trial Court, that the appellant and his group were the aggressors and that it was as a result of the injury caused by the appellant with the spear that Abhay Ram died. The High Court also saw no extenuating circumstance to interfere with the sentence of death awarded to the appellant.

Reasoning: 8. We have given due consideration to the aspects mentioned by Mr. Nuruddin Ahmed, but we see no reason to interfere with the sentence of death. There is nothing to show that the appellant was in any way goaded or induced to act in the manner he did, by his father and brothers. On the other hand the evidence discloses that the appellant has been very aggressive from the very beginning in picking up a quarrel with Mukhtayar Singh and his group. He had gone to the engine shed purposely with a view to equip himself with a weapon for the purpose of attacking the opposite group and that is evidence from the fact that he came back along with his brothers armed with a spear. Without anything more, he suddenly inflicted a very serious injury in the abdomen of Abhay Ram who was defenceless and unarmed. The fact that he gave only a single blow with the spear is not a circumstance which will mitigate the offence in view of the medical opinion that the particular spear injury caused by the appellant is sufficient, in the ordinary course of nature, to cause death.