LawDistill
Supreme Court of India

RAMESH KUMAR vs RAM KUMAR & ORS on 26 April, 1984

Cites 3 provisionsCites 0 judgmentsCited by 0
Official PDFBench Ontethupalli Chinnappa Reddy, Ananda Prakash Sen, Engalaguppe Seetharamiah Venkataramiah
PETITIONER:
RAMESH KUMAR
Vs.
RESPONDENT:
RAM KUMAR & ORS.
DATE OF JUDGMENT26/04/1984
BENCH:
REDDY, O. CHINNAPPA (J)
BENCH:
REDDY, O. CHINNAPPA (J)
SEN, A.P. (J)
VENKATARAMIAH, E.S. (J)
CITATION:
1984 AIR 1029 1984 SCR (3) 640
1984 SCC (3) 90 1984 SCALE (1)650
ACT:
Indian Penal Code-S. 302 read with S. 34-Accused
convicted and sentenced u/s. 302/34-Accused made gift of
land to widow for loss of life of her husband-High Court
acquitted one accused and converted conviction of other to
one under s. 304. High Court Judgment-Whether correct-Held
no.
HEADNOTE:
The two respondents were convicted under s. 302 read
with s. 34 of the Indian Penal Code and sentenced to life
imprisonment by the sessions Judge. On appeal, the High
Court was informed that both the parties were closely
related and they had come to some sort of arrangement under
which one accused had made a gift of some land to the widow
as compensation for the loss of life of her husband. The
High Court acquitted one of the accused and converted the
conviction of the other from one under s. 302 to one under
s. 304 and reduced the sentence to two years. The so called

CRIMINAL APPELLATE JURISDICTION : Criminal Appeal Nos. 1012 of 1984.

(Appeals by Special leave from the Judgment and Order dated the 1st September, 1983 of the Punjab and Haryana High Court in Crl. Appeal No. 291 DB of 1983, DB of 1983 & Crl. Rev. No. 627 of 1983.)

Gopal Subramanium and S.K. Sabarwal for the Appellant.

Kawaljit Kochar and J.D. Kain for the Respondent No. 1.

Miss Lily Thomas, for Respondent No. 2.

The Judgment of the Court was delivered by

CHINNAPPA REDDY, J. We are very unhappy about the judgment of the High Court. Both the respondents were convicted by the learned First Additional Sessions Judge of Kurukshetra under s. 302 read with s. 34 of the Indian Penal Code and each of them was sentenced to undergo imprisonment for life. On appeal, for very strange reasons, the High Court acquitted the first respondent and converted the conviction of the second respondent to one under s 304-A.I. P. C. and reduced the sentence to two years’ rigorous imprisonment. What the High Court said speaks for itself. This is what the High Court said:

"However, we are told by the learned counsel for

the parties that they being closely related some

members of the village have intervened and have brought

about some sort of arrangement under which Ram Kumar

appellant has already made a gift of three acres of

land in favour of Smt. Maya Devi widow of Chander

Shekhar as compensation on account of the loss of life

of her husband. Though this is not a matter which

can be taken notice of by this Court, yet it has always

been our desire to see that enmity between close

relations should be encouraged to come to an end. Since

the father of Ramesh Kumar (P.W. 6) had lost his life,

he could possibly have indulged in some exaggeration to

magnify the nature of the offence. In the

circumstances, we give benefit of doubt to Ram Kumar

appellant and acquit him. We convert the conviction of

Ratna appellant from one under section 302 to one under

section 304-A, Indian Penal Code and Sentence him to

undergo to years rigorous imprisonment Ram Kumar

appellant is on bail. His bail bond shall stand

discharged."

We can only say that the judgment of the High Court has left us shocked and perplexed. We are at a total loss to understand it. The entire system of administration of Criminal justice is reduced to a mockery. If the judgment of the High Court is upheld, it is as if a person who can afford to make gifts of land or money to the heirs of the victim may get away even with a charge of murder. Courts are to dispense justice, not to dispense with justice. And, justice to be dispensed is not palm-tree justice or idiosyncratic justice. The judgment can not stand a second’s scrutiny. It is accordingly set aside and the matter is remanded to the High Court so that the Criminal appeals and revision may be reheard. On behalf of the accused a very curious request was made, that the land gifted by the father of the accused to the widow of the deceased may be directed to be returned to the father of the accused. We take no notice of the gift and we reject the request. H.S.K. Appeals allowed.