New Delhi: After completing a 54-year-old land dispute, this week’s Supreme Court drew curtains in the 29-year-old criminal case relating to the killing of police sub-inspectors in Madhya Pradesh by reducing the confidence from the killing of murder as big as murder and prison for 10 years -The life period.
Against the findings together by the court of court Damoh and Madhya Pradesh HC about the guilt of truck driver Mohd Rafiq in cutting the DK Tiwari, which marked the vehicle that had violated the forest department’s barrier and crashed into a motorcycle, the Joseph Km Joseph’s judicial bench and SR Bhat decided that though though There was no difference in the factual aspects of crime, the driver did not seem to have the intention to kill the police.
Writing an assessment, Judge Bhat said, “There is no serious dispute that prosecution stipulates the main element of his factual allegations: receipt of the termination of forest barrier termination; the position of the died of the Tiwari, with police pagare on the road; identification of the applicant, as a truck driving; by the deceased to the applicant to stop the truck; the latter slows down the vehicle; sought by the vehicle to ride the vehicle, and shaken.
from the truck, because the driver refused to stop, and, on the other hand, speed up the vehicle.
“The bench also found that the evil driver had threatened Will kill the SI if he doesn’t come down from the vehicle before he speedes, the police fall from the vehicle and trimmed by the rear wheel of the truck.
However, he said, “Even if the prosecution version has threatened to kill the deceased to be accepted, one cannot set a lot of stores with it, because there is no motive or no animus to the deceased as evidenced by the provincial expression of extreme threats, (without real intention To bring it, because the truck is not loaded with the opposite, or not used for illegal activities or suspects), cannot be given too much weight.
“Judge Bhat said,” The consequences, is that at the deceased falling from the truck, the applicant drove.
at Here, the prosecution stipulates that the truck was pushed, without paying attention; However, it did not specify the intention of Mohd Rafiq to run over the deceased.
This point, although it’s fine, not without significance, because it goes to the root of the intention.
Does the applicant intend Kill the Tiwari? “We didn’t think.” The SC bench said, “Obviously, Rafiq knew that the Tiwari had fallen; He continued to drive.
However, whether the deceased fell towards the rear tire of the truck, or did he fall clear from the vehicle, had not been proven; It is equally unclear from evidence, that the applicant knows that he did it.
“What was founded, however, was that he fell from the truck, who continued his movements, maybe at a greater speed.
This did not prove that Rafiq, with intentional intentions, drove above the deceased and he knew that the deceased would fall.
Inside, so the rear tire of the truck will surpass it.
But in this situation, it can be concluded that the applicant is intended to cause such a body injury to cause the death of the Tiwari, “Bench said.
It was said that because Rafiq did not have previous hostility with Tiwari and his actions to go which resulted in the police death was not planned , it can be concluded that the driver reacts in disproportionately causing death.
“The late action and driving without a break, seems to have been in the heat of passion, or anger.
Therefore, it was held that the Petitioner’s belief below Section 302 IPC was not right, “Bench said.
SC changed Rafiq’s belief from the 302 IPC part into 304-I, because he had the intention to cause such body damage tend to cause his death, such as It is the case.
“With regard to this situation, the beliefs recorded by the court below, changed to one below 304 part I, IPC.
The sentence was also modified – instead of a tight prison sentence, the applicant was sentenced to 10 years, “said SC.