HAFIZ versus STATE OF U.P.

HAFIZ versus STATE OF U.P.

The accused Hafiz inflicted fatal lathi blows on Abdul Rahman; occurrence was at the deceased's field and not at the accused's field; right of private defence not established since sickle was not recovered and FIR not brought on record; act occurred at the spur of the moment, making Hafiz guilty of culpable homicide not amounting to murder under Section 304 Part II IPC. The other accused also beat the deceased, are guilty under Section 326/34 IPC; benefit of doubt not justified as evidence established their participation.

Parties
Appellant/accused No.1: Hafiz; Accused/respondent No.2: Rafiq; Accused/respondent No.3: Sharif; Accused/respondent No.4: Lal Mohammad; Respondent/appellant in 1163 of 2004: State of Uttar Pradesh; Deceased: Abdul Rahman
Jurisdiction
India
Judgment Date
04 October 2005
Procedural Posture
Criminal Appeal / Supreme Court Final Judgment
Outcome
Appeal No. 263/04 dismissed; Appeal No. 1163/04 allowed to the extent indicated.
Legal Topics
Right of Private Defence, Culpable Homicide, Common Intention, Murder, Benefit of Doubt
Criminal Law Right of Private Defence Culpable Homicide Common Intention Murder Benefit of Doubt

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Parties

Hafiz

Appellant/accused No.1

Rafiq

Accused/respondent No.2

Sharif

Accused/respondent No.3

Lal Mohammad

Accused/respondent No.4

State of Uttar Pradesh

Respondent/appellant in 1163 of 2004

Abdul Rahman

Deceased

Procedural Posture

Criminal Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether accused exercised right of private defence
  2. 2 Whether conviction under Section 302/34 IPC or Section 304 Part II is correct
  3. 3 Whether other accused shared common intention

Ratio Decidendi

The accused Hafiz inflicted fatal lathi blows on Abdul Rahman; occurrence was at the deceased's field and not at the accused's field; right of private defence not established since sickle was not recovered and FIR not brought on record; act occurred at the spur of the moment, making Hafiz guilty of culpable homicide not amounting to murder under Section 304 Part II IPC. The other accused also beat the deceased, are guilty under Section 326/34 IPC; benefit of doubt not justified as evidence established their participation.

Court Disposition

Appeal No. 263/04 dismissed; Appeal No. 1163/04 allowed to the extent indicated.

Orders

  • Hafiz convicted under Section 304 Part II IPC, sentence of seven years' rigorous imprisonment upheld.
  • Rafiq, Sharif, Lal Mohammad convicted under Section 326/34 IPC, sentenced to three years' rigorous imprisonment; benefit of doubt withdrawn.