Holding

The killing constitutes culpable homicide not amounting to murder under Section 304 Part‑II IPC, not murder under Section 302, and the ten‑year rigorous imprisonment sentence is upheld as proportionate.

Summary

The case concerned the killing of two children during a panchayat election in Haryana, allegedly by the accused Ruli Ram and his son Ramesh as retaliation for the victims' family refusing to vote for their candidate. The trial court convicted them under Section 304 Part‑II IPC and sentenced them to ten years' rigorous imprisonment; the High Court altered the conviction to murder under Section 302 IPC and imposed life imprisonment. On appeal, the Supreme Court examined the credibility of the evidence, the appropriate statutory provision, and the principles of proportional sentencing. It held that the facts did not satisfy the mens‑rea for murder under Section 302, but fell within Section 304 Part‑II, as the accused only knew that their act was likely to cause death. The Court also rejected the contention that Section 304 Part‑II applies only when an exception to Section 300 is present. Consequently, the Court restored the conviction under Section 304 Part‑II and the ten‑year sentence as proportionate. The appeals were allowed to the extent indicated, i.e., the State's appeal succeeded and the accused‑appeal was dismissed.

Issues considered

The appropriate charge: murder under Section 302 IPC versus culpable homicide not amounting to murder under Section 304 Part‑II IPC.
Interpretation of Sections 299 and 300, especially the knowledge and intention requirements of clauses (2) and (3) of Section 300 and clause (b) of Section 299.
Whether Section 304 Part‑II can be invoked only when an exception to Section 300 applies.
The credibility of the prosecution witnesses and the possibility of false implication.
The propriety and proportionality of the ten‑year rigorous imprisonment sentence.

Legislation cited

Indian Penal Code, 1860s. 299, s. 300, s. 302, s. 304(Part II)

Subjects

murderculpable homicide not amounting to murderSection 302 IPCSection 304 Part‑II IPCintentionknowledgepolitical violenceproportional sentencingevidence credibility

Judgment

A RULi RAM AND ANR.

STATE OF HARYANA

SEPTEMBER 17, 2002

B [K.G. BALA KRISHNAN AND ARIJIT PASA YAT, JJ.]

·'
Penal Code, 1860:

Sections 299, 300, 302 & 304 Part-II: Murder of two children-
C Conviction under Section 304 Part-II-High Court convicted the accused
under Section 302-0n appeal, held, intention of the accused was not to
commit murder but the accused could be attributed the knowledge that
natural and proper consequences of their acts were likely to cause death-
However, High Court did not indicate any basis to cover the case under
D Section 302-Under the circumstances, it is proper to apply provisions of
Section 304 Part-II.

Clause (b) of Section 299 and clauses (2) & (3) of Section 300-
Distinction between-Discussed.

E Sentencing:

Principle of just desert-Proportion between crime and punishment-
Purpose-Punishment acts as a deferent for the accused, it should be
proportionate to the crime-ft serves as the foundation of every criminal
sentence that is justifiable.
F
According to the prosecution, two young boys were thrown into a pond
by the accused- appellants. The boys were taken to the hospital, where they
.
were declared dead. Accused allegedly committed the crime because of refusal
by the family members of the deceased to cast their votes in favour of the
candidate supported by the accused, in the Panchayat election. Accused-
G appellants were tried for offence u/s 302 IPC.

Trial Court convicted the accused-appellants under Section 304 Part-II
IPC. High Court allowed the State appeal and convicted the accused under
Section 302 IPC. Hence this appeal.

H
426
RULi RAM v. ST ATE OF HAR YANA 427
It was contended for the appellants that evidence were not credible; that A
witnesses were partisan and biased; that no case under Section 302 IPC was
made out; and that the maximum sentence, as awarded, was highly
disproportionate since one of the accused ·was aged 80 years.

On behalf of the State, it was contended that Section 304 Part-II I PC
could not be applied when none of the exceptions to Section 300 cover the B
instant case.

Partly allowing the appeals, the Court

HELD: 1.1. The trial Court and the High Court analysed the evidence
in detail and have held it to be plausible and acceptable, and that it suffers C
from no infirmity. It has been noted that in a faction ridden village, independent
witnesses are difficult to get. Enmity is a double sword. While it can be basis
for false implication, it can also be basis for the crime. The Court has to weigh
the evidence carefully and if after doing so, holds the evidence to be acceptable,
the accused cannot take the plea that it should not be acted upon. When a D
plea of false implication is advanced by the accused, foundation for the same
has to be established. (431-E, F, G(

1.2. The academic distinction between 'murder' and 'culpable homicide
not amounting to murder' has always vexed the Courts. The confusion is
caused, if Courts losing sight of the true scope and meaning of the terms E
used by the legislature in these sections, allow themselves to be drawn into
minute abstractions. The safest way of approach to the interpretation and
application of these provisions seems to be to keep in focus the keywords used
in the various clauses of Sections 299 and 300. (432-C, DI

1.3. The distinguishing feature of the mens rea requisite under clause F
(2) is the knowledge possessed by the offender regarding the particular victim
being in such a peculiar condition or state of health that the internal harm
caused to him is likely to be fatal, notwithstanding the fact that such harm
would not, in the ordinary way of nature, be sufficient to cause death of a person
in normal health or condition. It is noteworthy that the 'intention to cause
death' is not an essential requirement of clause (2). Only the intention of
G
causing the bodily injury coupled with the offender's knowledge of the
likelihood of such injury causing the death of the particular victim, is
sufficient to bring the killing within the ambit of this clause. This aspect of
clause (2) is borne out by illustration (b) appended to Section 300.
1433-D, E, Fl H
428 SUPREME COURT REPORTS (2002) SUPP. 2 S.C.R.

A 1.4. In clause (3) of Section 300, instead of the words 'likely to cause
death' occurring in the corresponding clause (b) of Section 299, the words
"sufficient in the ordinary course of nature" have been used. The distinction
lies between a bodily injury likely to cause death and a bodily injury sufficient
in the ordinary course of nature to cause death. The distinction is fine but
B real and, if overlooked, may result in miscarriage of justice. The difference
between clause (b) of Section 299 and clause (3) of Section 300 is one of the
degree of probability of death resulting from the intended bodily injury. It is
the degree of probability of death which determines whether a culpable
homicide is of the gravest, medium or the lowest degree. The word 'likely' in
clause (b) of Section 299 conveys the sense of probable as distinguished from
C a mere possibility. The words "bodily injury...... sufficient in the ordinary
course of nature to cause death" mean that death will be the "most probable"
result of the injury, having regard to the ordinary course of nature. The test
laid down by Virsa Singh 's case for the applicability of clause "Thirdly" is
now ingrained in the legal system and has become part of the rule of law.
(433-H; 434-A, B, C, D; 435-G(
D
Rajwant and Anr. v. State of Kera/a, AIR (1966) SC 1874 and Virsa
Singh v. State of Punjab, AIR (1958) SC 465, relied on.

1.5. Clause (c) of Section 299 and clause (4) of Section 300 both
require knowledge of the probability of the act causing death. It is not
E necessary for the purpose of the instant case to dilate much on the distinction
between these corresponding clauses. It will be sufficient to say that clause
(4) of Section 300 would be applicable where the knowledge of the offender as
to the probability of death of a person or persons in general as distinguished
from a particular person or persons-being caused from his imminently
F dangerous act, approximates to a practical certainty. Such knowledge on the
part of the offender must be of the highest degree of probability, the act having
been committed by the offender without any excuse for incurring the risk of
causing death or such injury. (436-C, Df

State of Andhra Pradesh v. Rayavarapu Punnayya and Anr., (19761 4
G SCC 382 and Abdul Waheed Khan@ Waheed and Ors. v. State of Andhra
Pradesh, JT 2002 (6) SC 274, referred to.

1.6. In the instant case, trial Court noted several factors to conclude
that the intention of the accused was not to commit murder, but to create some
disturbances at the polling station in order to divert attention of the crowd
H collected, so that the booth capturing would be facilitated. No injuries were
RULi RAM v. STATE OF HARYANA 429
caused to the deceased before they were thrown in the pond, and there was no A
attempt to even strangulate them. However, the accused-appellants could be
attributed the knowledge that the natural and proper consequence of their
acts was likely to cause death. The High Court did not indicate any basis to
hold that the. case was covered by Section 302 I PC. There was only a casual
observation that the murders were committed intentionally because relatives B
of the deceased did not agree to vote in favour of the accused-appellant's
candidate. There is absolutely no discussion to fortify the conclusion. The
inevitable result is that the proper provision to be applied is Section 304 Part-
11 IPC. (437-A, 8, C(

2.1. The principle of proportion between crime and punishment is a C
principle of just desert that serves as the foundation of every criminal
sentence that is justifiable. As a principle of criminal justice it is hardly less
familiar or less important than the principle that only the guilty ought to be
punished. Indeed, the requirement that punishment should not be
disproportionately great, which is a corollary of just desert, is dictated by the
same principle that does not allow punishment of the innocent, for any D
punishment in excess of what is deserved for the criminal conduct is
punishment without guilt. (437-F, G, H; 438-A(

2.2. Proportion between crime and punishment is a goal respected in
principle, and inspite of errant notions, it remains a strong inOuence in the
determination of sentences. But in fact quite apart from those considerations E
that make punishment unjustifiable when it is out of proportion to the crime,
uniformly disproportionate punishment has some very undesirable practical
consequences. Therefore, the sentence of rigorous imprisonment, as awarded
by the trial Court, is quite appropriate. (438-D, E(

CRIMINAL APPELLATE JURISDICTION : Criminal Appeal Nos. 887-
F
888 of2001.

From the Judgment and Order dated 9.7.2001 of the Punjab and Haryana
High Court in Cr!. A. No. 219-DBA/99 and 904-SB of 1998.
G
U.R. Lalit Prem Malhotra and Rishi Malhotra, for the Appellants.

J.P. Dhanda, Ms. Raj Rani Dhanda and Sunder Khatri, for the
Respondent.

The Judgment of the Court was delivered by H
430 SUPREME COURT REPORTS (2002) SUPP. 2 S.C.R.

A ARIJIT PASA YAT, J. Political battles are increasingly being fought with
bullets and not with ballots. Innocent lives are lost and in some cases of
those who have no role to play therein.

Two young boys, Manohar and Satish, aged about I0 and 12 years
respectively (hereinafter referred to as the 'deceased' by the respective names)
B lost their lives allegedly on account of one such battle. The two accused-
appellants Ruli Ram and his son Ramesh were said to be responsible for
taking away their lives. The trial court i.e. tlie Court of Sessions at Hissar held
the accused-appellants guilty under Section 304 Part 11 of Indian Penal Code,
1860 (in short '!PC'). In appeal by the State a Division Bench of Punjab and
C Haryana High Court at Chandigarh held that the accused-appellants were to
be convicted under Section 302 !PC. The trial court awarded sentence of I0
years R.I. imprisonment; but the High Court substituted it by imprisonment
oflife. 1 ·

Filtering out unnecessary details, the prosecution version is as follows:
D
On 2.8.1988 Datta Ram PW2 lodged first information report alleging that
while two young boys (his grandsons) were playing by the side of a pond,
they were thrown into it by the accused-appellants. PW3 Dharampal informed
him about the incident and he found the accused-appellants running away
from the spot. Effort was made to take out the two victims out of the water
E and later on they were taken to the hospital where they were declared dead.
The act was stated to be on account of refusal by PW2 and his family
members to vote in favour of candidate supported by accused-appellants. On
the date of the incident, election to the panchayat was being held. The
accused-appellants wanted the informant and his family members to vote for
p their candidate, but on their refusal to do so, accused-appellants took their
revenge in the manner as aforesaid.

On the basis of the information lodged, investigation was undertaken,
arrests were made and charge-sheet was placed .. Accused-appellants pleaded
innocence. It is to be noted that almost as a sequel to the aforesaid incident,
G there were allegations of booth capturing and poll violence. Because the
incidents were closely linked, common trial was held, where the accused-
appellants and IO others faced trial. While the case of the accused-appellants
related to the commission of alleged offence punishable under Section 302
IPC, the other accused persons faced trial and were held guilty for commission
H of other offences with which the present appeals are not concerned.
RULi RAM v. STATE OF HARYANA [ARIJIT PASAYAT, J.] 431

By a common judgment the Additional Sessions Judge as noted above A
convicted the accused-appellants under Section 304 Part II IPC, while others
were convicted for other offences. The accused-appellants as we·11 as the
State filed appeals before the High Court. By a common judgment High Court
disposed of the appeals. While appeal filed by the accused-appellants was
dismissed, that of the State as indicated above was allowed. Judgment in said B
appeals is the subject-matter of challenge in the present appeals.

In support of the appeal, learned counsel for the accused-appellants
submitted that the evidence is so sketchy that no credence can be put on it.
The witnesses were partisan and biased, more particularly in the background
of almost admitted political enmity. The sceriario-as-p-rojecied by the C
prosecution is highly improbable. Alternatively, it was pleaded that no case
under Section 302 IPC is made out and the trial court's conviction under
Section 304 Part II should have been maintained by the High Court, even if
the prosecution case was to be accepted. It was submitted that the maximum
sentence of I0 years was awarded by the Sessions Judge and the same is
highly disproportionate. In this context it was pointed out that one of the D
accused-appellants Ruli Ram is presently 80 years old. In response, the
learned counsel for the State submitted that the case is clearly covered under
Section 302 IPC. Evidence of the witnesses is unimpeachable. It was submitted
that there is no scope for applying Section 304 Part II !PC because the said
provision is applicable only when any of the exceptions to Section 300 covers E
the case. Strong reliance is placed on Harendra Nath Manda! v. State of
Bihar, (1993) I Crimes 984.

So far as the acceptability of evidences is concerned, the trial court and
the High Court analysed the evidences in detail and have held it to be
plausible and acceptable, and that it suffers from no infirmity. It has been p
noted that in a faction ridden village, independent witnesses, as submitted by
the learned counsel for the accused-appellant, are difficult to get. Enmity is
a double sword. While it can be basis for false implication, it can also be basis
for the crime. The court has to weigh the evidence carefully and if after doing
so, holds the evidence to be acceptable, the accused cannot take the plea that
it should not be acted upon. When a plea of false implication is advanc~d G
by the accused foundation for the same has to be established. We do not find
any reason to differ from the Courts below on the factual aspects.

This brings us to the crucial question as to which was the appropriate
provision to be applied. In the scheme of the IPC culpable homicide is genus H
432 SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R.

A and 'murder' its specie. All 'murder' is 'culpable homicide' but not vice-versa.
Speaking generally, 'culpable homicide' sans 'special characteristics of murder
is culpable homicide not amounting to murder'. For the purpose of fixing
punishment, proportionate to the gravity of the generic offence, the IPC
practically recognizes three degrees of culpable homicide. The first is, what
B may be called, 'culpable homicide of the first degree'. This is the greatest form
of culpable homicide, which is defined in Section 300 as 'murder'. The second
may be termed as 'culpable homicide of the second degree'. This is punishable
under the first part of Section 304. Then, there is 'culpable homicide of the
third degree'. This is the lowest type of culpable homicide and the punishment
• provided for it is, also the lowest among the punishments provided for the
C three grades. Culpable homicide of this degree is punishable under the second
part of S~ction 304.

The academic distinction between 'murder' and 'culpable homicide not
amounting to murder' has always vexed the Courts. The confusion is caused,
if Courts losing sight of the true scope and meaning of the terms used by
D the legislature in these sections, allow themselves to be drawn into minute
abstractions. The safest way of approach to the interpretation and application
of these provisions seems to be to keep in focus the keywords used in the
various clauses of Sections 299 and 300. The following comparative table will
be helpful in appreciating the points of distinction between the two offences.
E Section 299 Section 300

A person commits culpable Subject to certain exceptions
homicide if the act by which the culpable homicide is murder if the act
death is caused is done- by which the death is caused is done
F
INTENTION

(a) with the intention of causing (I) with the intention of causing death;
death; or
or
G (b) with the intention of causing (2) with the intention of causing such
such bodily injury as is likely bodily injury as the offender knows
to cause death; or to be likely to cause the death of
the person to whom the harm is
caused; or
H
RULi RAM v. STATE OF HARYANA [ARIJJT PASAYAT,J.) 433

(3) with the intention of causing bodily A
injury to any person and the bodily
injury intended to be inflicted is
sufficient in the ordinary course of
nature to cau~!! death; or

KNOWLEDGE B

(c) with the knowledge that the act (4) with the knowledge that the act is
is likely to cause death. so imminently dangerous that it
must in all probability cause death
or such bodily injury as is likely to C
cause death, and without any
excuse for incurring the risk of
causing death or such injury as is
mentioned above.

Clause (b) of Section 299 corresponds with clauses (2) and (3) of D
Section 300. The distinguishing feature of the mens rea requisite under clause
(2) is the knowledge possessed by the offender regarding the particular victim
being in such a peculiar condition or state of health that the internal harm
caused to him is likely to be fatal, notwithstanding the fact that such harm
would not in the ordinary way of nature be sufficient to cause death of a
person in normal health or condition. It is noteworthy that the 'intention to E
cause death' is not an essential requirement of clause (2). Only the intention
of causing the bodily injury coupled with the offender's knowledge of the
likelihood of such injury causing the death of the particular victim, is sufficient
to bring the killing within the ambit of this clause. This aspect of clause (2)
is borne out by illustration (b) appended to Section 300.
F
Clause (b) of Section 299 does not postulate any such knowledge on
the part of the offender. Instances of cases falling under clause (2) of Section
300 can be where the assailant causes death by a fist blow intentionally given
knowing that the victim is suffering from an enlarged liver, or enlarged spleen
or diseased heart and such blow is likely to cause death of that particular G
person as a result of the rupture of the liver, or spleen or the failure of the
heart, as the case may be. If the assailant had no such knowledge about the
disease or special frailty of the victim, nor an intention to cause death or
bodily injury sufficient in the ordinary course of nature to cause death, the
offence will not be murder, even if the injury which caused the death, was
intentionally given. In clause (3) of Section 300, instead of the words 'likely H
434 SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R.

A to cause death' occurring in the corresponding clause (b) of Section 299, the
words "sufficient in the ordinary course of nature" have been used. Obviously,
the distinction lies between a bodily injury likely to cause death and a bodily
injury sufficient in the ordinary course of nature to cause death. The distinction
is fine but nal and if overlooked, may result in miscarriage of justice. The
difference between clause (b) of Section 299 and clause (3) of Section 300 is
B one of the degree of probability of death resulting from the intended bodily
injury. To put it more broadly, it is the degree of probability of death which
determines whether a culpable homicide is of the gravest, medium or the
lowest degree. The word 'likely' in clause (b) of Section 299 conveys the
sense of probable as distinguished from a mere possibility. The words "bodily
C injury ....... sufficient in the ordinary course of nature to cause death" mean that
death will be the "most probable" result of the injury, having regard to the
ordinary course of nature. For cases to fall within clause (3), it is not necessary
that the offender intended to cause death, so long as the death ensues from
the intentional bodily injury or injuries sufficient to cause death in the ordinary
course of nature. Rajwani and Anr. v. State of Kera/a, AIR (1966) SC 1874
D is an apt illustration of this point.

In Virsa Singh v. State of Punjab, AIR (1958) SC 465, Vivian Bose, J.
speaking for the Court, explained the meaning and scope of clause (3). It was
observed that the prosecution must prove the following facts before it can
E bring a case under Section 300, "thirdly". First, it must establish quite
objectively, that a bodily injury is present; secondly the nature of the injury
must be proved. These are purely objective investigations. Thirdly, It must
be proved that there was an intention to inflict that particular injury, that is
to say, that it was not accidental or unintentional or that some other kind of
injury was intended. Once these three elements are proved to be present, the
F enquiry proceeds further, and fourthly it must be proved that the injury of the
type just described made up of the three elements set out above was sufficient
to cause death in the ordinary course of nature. This part of the enquiry is
purely objective and inferential and has nothing to do with the intention of
the offender.

G The ingredients of clause "Thirdly" of Section 300, IPC were brought
out by the illustrious Judge in his terse language as follows:

"To put it shortly, the prosecution must prove the following facts
before it can bring a case under Section 300, "thirdly".

H First, it must establish, quite objectively, that a bodily injury is present.
RULi RAM v. STATE OF HARYANA [ARIJIT PASAYAT. J.] 435

Secondly, the nature of the injury must be proved. These are purely A
objective investigations. Thirdly, it must be proved that there was an
intention to inflict that particular bodily injury, that is to say that it
was not accidental or unintentional, or that some other kind of injury
was intended.

Once these three elements are proved to be present, the enquiry B
proceeds. further and,

Fourthly, it must be proved that the injury of the type just described
made up of the three elements set out above is sufficient to cause
death in the ordinary course of nature. This part of the enquiry is C
purely objective and inferential and has nothing to do with the
intention of the offender."

The learned Judge explained the third ingredient in the following words
(at page 468):

"The question is not whether the prisoner intended to inflict a serious
D
injury or a trivial one but whether he intended to inflict the injury that
is proved to be present. 1f he can show that he did not, or if the
totality of the circumstances justify such an inference, then of course,
the intent that the section requires is not proved. But if there is
nothing beyond the injury and the fact that the appellant inflicted it, E
the only possible inference is that he intended to inflict it. Whether
he knew of its seriousness or intended serious consequences, is
neither here or there. The question, so far as the intention is concerned,
is not whether he intended to kill, or to inflict an injury of a particular
degree of seriousness but whether he intended to inflict the injury in F
question and once the existence of the injury is proved the intention
to cause it will be presumed unless the evidence or the circumstances
warrant an opposite conclusion."

These observations of Vivian Bose, J. have become locus classicus.
The test laid down by Virsa Singh 's case (supra) for the applicability of clause G
"Thirdly" is now ingrained in our legal system and has become part of the
rule of law. Under clause thirdly of Section 300 IPC, culpable homicide is
murder, if both the following conditions are satisfied: i.e. (a) that the act which
causes death is done with the intention of causing death or is done with the
intention of causing a bodily injury; and (b) that the injury intended to .be
inflicted is sufficient in the ordinary course of nature to cause death. It must H
436 SUPREME COURT REPORTS (2002) SUPP. 2 S.C.R.

A be proved that there was an· intention to inflict that particular bodily injury
which, in the ordinary course of nature, was sufficient to cause death, viz.,
that the injury found to be present was the injury that was intended to be
inflicted.

Thus, according to the rule laid down in Virsa Singh 's case, even if the
B intention of accused was limited to the infliction of a bodily injury sufficient
to cause death in the ordinary course of nature, and did not extend to the
intention of causing death, the offence would be murder. Illustration (c)
appended to Section 300 clearly brings out this point. ·

C Clause (c) of Section 299 and clause (4) of Section 300 both require
knowledge of the probability of the act causing death. It is not necessary for
the purpose of this case to dilate much on the distinction between these
corresponding clauses. It will be sufficient to say that clause (4) of Section
300 would be applicable where the knowledge of the offender as to the
probability of death of a person or persons in general as distinguished from
D a particular person or persons being caused from his imminently dangerous

--
act, approximates to a practical certainty. Such knowledge on the part of the
offender must be of the highest degree of probability, the act having been
committed by the offender without any excuse for incurring the risk of causing
death or such injury as aforesaid.
E The above are only broad guidelines and not cast iron imperatives. In
most cases, their observance will facilitate the task of the Court. But sometimes
the facts are so intertwined and the second and the third stages so telescoped
into each other, that it may not be convenient to give a separate treatment
to the matters involved in the second and third stages.
F
The position was illuminatingly highlighted by this Court in State of
Andhra Pradesh v. Rayavarapu Punnayya and Anr.. [1976) 4 SCC 382 and
recently in Abdul Waheed Khan @ Waheed and Ors. v. State of Andhra
Pradesh (JT) 2002 6 SC 274.

G The plea of the learned counsel for the State that Section 304 Part II
applies only when exceptions to Section 300 cover a case is misconceived.
The decision in Harendra Mandal's case (supra) was rendered in a different
context and observations in the same case cannot be read out of context. That
was a case where death itself had not been caused and therefore, question
H of applyiiig Section 304 !PC did not arise.
RULi RAM v. STAT!'; OF HARYANA [ARIJIT PASAYAT, J.) 437
Coming back to the fl!ctual position as noted by the COl!rtS below the A
conclusions rendered by the trial judge appear to be sound. He had noted
several factors to concludtl that the intention was not to commit !JlUrder, but
to create· some disturbances at the polling station in order to diver-t attention
of the crowd collected, so that the booth capturing would be facilitated. No
injuries were caused to the deceased before they were thrown in the pond, B
and there was no attempt to even strangulate them. However, the acGused-
appellants could be attributed the knowledge that the natural and proper
consequences of their acts was likely to cause death. The High Court did not
indicate any basis to hold that the case was covered by Section 302 IPC.
There was only a casual observation that the murders were committed
intentionally because relatives of the deceased did not agree to vote in favour C
of the accused-appellant's candidate. There is absolutely no discussion to
fortify the conclusion. The inevitable result is that the proper provision to be
applied is Section 304 Part II IPC.

Coming to the question of sentence, we do not find any substance in
the plea of accused-appellants that this is not a case where the maximum D
sentence was warranted. Two innocent children who were not even voters
... became victims of political differences of elders. Political rivalry and differences
cannot extend to taking away the lives of others. Criminalisation of politics
is a hot topic causing concern. The election was to a panchayat in 1988. The
lives of innocent children were taken. One shudders to think what happens E
presently, when a large number of people lose lives in the heat of political
battles for election to the legislative bodies. In a democracy, the path to power
cannot be allowed to have dead bodies littered over it. It cannot be a case
of capturing power (beginning with booth capturing) at any cost. The trend
is dangerous and has to be curbed. In a case linked with political battles,
stringent punishment is desirable without exception. Choice to vote for a F
candidate cannot be suppressed by intimidation. That would be against the
spirit of democracy. The punishment has to be always proportionate to the
crime. Punishment serves a purpose inasmuch as it acts as deterrent for those
who have the propensity to take law into their own hands. The principle of
proportion between crime and punishment is a principle of just desert that G
serves as the foundation of every criminal sentence that is justifiable. As a
principle of criminal justice it is hardly less familiar or less important than the
principle that only the guilty ought to be punished. Indeed, the requirement
that punishment not be disproportionately great, which is a corollary of just
desert, is dictated by the same principle that does not allow punishment of
the innocent, for any punishment in excess of what is deserved for the H
438 SUPREME COURT REPORTS (2002) SUPP. 2 S.C.R.

A criminal conduct is punishment without guilt.
The criminal law adheres in general to the principle of proportionality
in prescribing liability according to the culpability of each kind of criminal
conduct. It ordinarily allows some significant discretion to the Judge in
arriving at. a sentence in each case, presumably to permit sentences that
B reflect more subtle considerations of culpability that are raised by the special
facts of each case. Judges in essence affirm that punishment ought always
to fit the crime; yet in practice sentences are determined largely by other
considerations. Sometimes it is the correctional needs of the perpetrator that
are offered to justify a sentence. Sometimes the desirability of keeping him
C out of circulation, and sometimes even the traffic results of his crime. Inevitably
these considerations cause a departure from just desert as the basis of
punishment and create cases of apparent injustice that are serious and
widespread.

Proportion between crime and punishment is a goal respected in principle,
D and in spite of errant notions, it remains a strong influence in the determination
of sentences. The practice of punishing all serious crimes with equal severity
is now unknown in civilized societies, but such a radical departure from the
principle of proportionality has disappeared from the law only in recent times.
Even now a single grave infraction that is thought to call for uniformly drastic
measures. Anything less than a penalty of greatest severity for any serious
E crime is thought then to be a measure of toleration that is unwarranted and
unwise. But in fact quite apart from those considerations that make punishment
unjustifiable when it is out of proportion to the crime, uniformly
disproportionate punishment has some very undesirable practical
consequences. Therefore, the sentence of 10 years rigorous imprisonment
F awarded by the trial court is quite appropriate. The accused-appellants shall
suffer rigorous imprisonment for I0 years in respect of their conviction under
Section 304 Part II IPC.

The appeals are allowed to the extent indicated.

G S.K.S. Appeals allowed.