The Supreme Court has held that “as per Section 148 of IPC, whoever is guilty of rioting, being armed with a deadly weapon or with anything which used as a weapon of offence, is likely to cause death, can be punished under that Section”, thereby refusing the accused’s submission that, the weapon used by the petitioner was a “hockey stick”, which cannot be construed as a deadly weapon.
“Section 148 of IPC: Rioting, armed with deadly weapon. Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.”
A Division Bench of Justices M.R. Shah and B.V. Nagarathna reversed the Allahabad High Court order, whereby the accused had been acquitted for the offences under Section 302 and 148 of Indian Penal Code (IPC).
The Apex Court finding him guilty of offences under Section 304 and Section 148 of IPC. Sentencing the accused to undergo 10 years rigorous imprisonment for the offence punishable under Section 304 Part I r/w Section 149 IPC with a fine of Rs 5,000 and in default to undergo further six months rigorous imprisonment. Furthermore, to undergo three years rigorous imprisonment for the offence under Section 148 IPC with fine of Rs 5,000 and in default to undergo further two months rigorous imprisonment.
It was alleged in the FIR that on December 4, 1980, Subhash @ Pappu, Pramod and Munna Lal along with three unknown persons came to the shop of one Hari Om situated in Gallamandi Firozabad, armed with sticks, hockey stick and knife. They demanded to provide them sugar and kerosene oil without having any ration card but Bangali (the deceased) present at the shop in the capacity of a servant, complied, then one of the persons gave him a knife blow and some other a hockey stick blow.
All the accused came to be tried by the Sessions Court for the aforesaid offences. Accused Subhash @ Pappu was charged & convicted for the offences under Section 148 (3 years rigorous imprisonment) and Section 302 (life sentence) of IPC.
The Allahabad High Court by way of the impugned judgement acquitted the accused Subhash @ Pappu for the offence punishable under Section 302 IPC as well as Section 148 IPC mainly on the ground that in the dying declaration it was not stated, who inflicted the knife blow in the stomach of the deceased and on the contrary, it was stated that Pappu s/o Baijnath hit him by a hockey stick.
The Apex Court was of the opinion the accused cannot be convicted for the offence punishable under Section 302 with the aid of Section 149 IPC as the deceased died due to septicemia after a period of thirty days and hence the case may fall under Section 304 Part I of the IPC, read with Section 149.15530-2020-42-1502-34601-Judgement-01-Apr-2022