CASE NAME	Dasrath Paswan v. State Of Bihar, AIR 1958 PAT 190
CITATION	1958 (6) BLJR 60, 1958CRI LJ 548
COURT	Patna High Court
BENCH	Hon’ble Justice H.K. Chaudhuri
APPELLANT	Dasrath Paswan
RESPONDENT	State of Bihar
DECIDED ON	14th November 1957

 

INTRODUCTION

The legality of assisted suicide, active euthanasia, and suicide has been the subject of extensive debate. Individuals who advocate for the legalization of these substances are those who maintain the autonomy principle. They argue that death is the most personal and significant aspect of existence, and therefore, each person should have the freedom to determine the timing and method of their own death. According to the sanctity of life principle, each human life is valuable to the individual and the state, society, and the entire human race, according to opponents of the concept. This is the reason they contend that the State is unable to implement legislation that would allow an individual to commit suicide or to commit suicide with the help of others. These activities are also prohibited by the Penal Code, 1860(IPC), which also outlines penalties. 

Murder is expressly excluded from Exception 5 of Section 3003 IPC, which encompasses the act of death by agreement, which includes voluntary euthanasia and assisted suicide. As a result of this exemption, the crime of murder is now classified as limited to culpable homicide, which does not meet the criteria for murder. This exception has not made significant progress in terms of its comprehension and implementation. The reason for this may be that the defendants do not utilize this to its full potential, as it merely mitigates their culpability rather than absolving them of crime. Despite the fact that the courts have not conducted a thorough examination of this exemption, I believe it is imperative to investigate it.

FACTS OF THE CASE

The cadaver was adjacent to the hasuli and bhala, which were both covered in blood. In the interim, Rashbehari Paswan and Birija Sah pursued the appellant and took him to his residence for arrest.

Mathura Paswan, a 12-year-old child (P. W. 12-), fled the house with his bloodstained apparel, intending to commit suicide, after he was observed on the village chawar, a short distance from the home, tending to his goat. The youngster rushed to the appellant’s residence upon observing his blood-stained clothing and found the appellant’s deceased wife lying in a pool of blood. Upon receiving notification of the incident, the appellant’s father, Pal Dhari Hazra, who also serves as the village chaukidar, promptly visited the appellant’s father to inform him of the events. He requested that Birija Sah, who was employed in the vicinity, accompany his son and apprehend him after he entered his residence and discovered his daughter-in-law’s lifeless body with her neck severed.

The appellant, a resident of the village of Etwarpur Pakri, was a class X student. He maintained an average academic record. He had failed to pass the annual examination for the previous three years. His wife, who passed away, was approximately 19 years old. She appeared to be a woman who had received a formal education. The appellant was incensed by these deficiencies. He was so traumatized by his most recent setback that, approximately one week prior to its occurrence, he relocated from his residence and refrained from visiting the hamlet. He informed his wife that he had decided to end his life upon his return home after a week. His wife advised him to murder her prior to ending his own life. This occurred on June 13, 1955, at approximately 8:00 a.m. 

The appellant and his spouse were the sole inhabitants of the residence that morning, as the appellant’s parents had departed early to work in the fields.A little over an hour later, the wife performed the agreed-upon action and settled down in a serene manner on a mat that had been placed on the floor of one of the rooms in the house. Initially, the appellant struck her with a bhala, causing a mere minor chest injury. Subsequently, he grasped a hasuli, which was armed with a razor-sharp edge, and attacked her in the neck three times, resulting in her immediate death.

ISSUES RAISED

• What is the likelihood that the deceased’s mortality was caused with their consent?
• Is it necessary for the deceased to have reached the age of 18?
• Is it necessary for his consent to be unfettered and uninfluenced?

ARGUMENTS FROM BOTH SIDES

Arguments on behalf of the Appellant

• The appellant was not afforded adequate time to contemplate the matter by the Magistrate who recorded it. 
• It was argued that the appellant should have been granted additional time for this purpose, particularly in light of the statement that the appellant was adamant about making a confession. In this regard, the learned counsel has cited the Supreme Court’s observations in Sarwan Singh v. State of Punjab.
• It has been contended that the Magistrate’s allowance to the appellant for contemplation in this instance was less than 24 hours. Their Lordships, however, emphasize that it would be exceedingly challenging to establish a concrete rule regarding the amount of time an accused individual should be granted in any given situation. Their Lordships emphasized the critical importance of the accused person’s mind being free from any potential influence by the police. The most effective method of ensuring that the accused person is free from fear is to send them to jail custody and provide them with sufficient time to contemplate whether or not to make a confession.
• The confession does not elucidate the medical witness’s deposition regarding the deceptive injury.
• The learned counsel has argued that the learned Sessions Judge was mistaken in concluding that the appellant’s offense was within the scope of Section 302 of the Indian Penal Code. He has argued that the learned Sessions Judge should have determined that the applicable section was the initial portion of Section 304 of the Indian Penal Code.
• In the present instance, the consent was obtained by exerting pressure on her. The appellant’s communication to his wife that he had resolved to terminate his own life was the source of this pressure, according to learned counsel. It was contended that the woman’s decision to accept her husband’s demise was motivated by the prospect of widowhood and the responsibilities that entailed.

Arguments on behalf of the Respondent

• The appellant’s culpability is amply demonstrated by the fact that he was apprehended while fleeing his residence after the incident while wearing bloodstained clothing. This is a circumstance that supports his confession. The circumstances in which the deceased individual was discovered in the residence are also noteworthy.

JUDGMENT

The Patna High Court determined that a moderate punishment was appropriate in the appeal, taking into account the unique circumstances of his case. The appeal was lodged by a young man who is immature and has an inferiority complex. It has already been a severe sentence for him to lose a beloved wife. Under section 304 parts-I of the IPC, the appellant was found guilty and sentenced to five years of hard labor, utilizing exceptions 5 to 300. It is undeniable that the deceased was over the age of eighteen and that she voluntarily elected to end her life. 

However, the experienced Additional Standing Counsel contended that in this case, compulsion was employed to secure her consent. This pressure was the result of the appellant’s message to his wife, which indicated his intention to end his own life, according to knowledgeable counsel. There was a belief that the unfortunate woman’s decision to embrace her husband’s death was driven by the potential for widowhood and all that it entailed. In my opinion, the argument presented by the experienced Additional Standing Counsel is unacceptable. 

CONCLUSION

The distinction between culpable homicide and murder under Sections 299 and 300 of the IPC is critically analyzed in the judgment of Dasrath Paswan v. State of Bihar. The court meticulously scrutinized the intent and circumstances of the offense to ascertain whether the accused’s actions were considered murder or whether mitigating factors reduced them to culpable homicide that did not qualify as murder. The court emphasized that the presence of premeditation, the nature of the act, and the degree of injury intended are critical factors in this determination. Furthermore, the judgment underscores the importance of credible evidence and procedural adherence in guaranteeing a fair trial, particularly when the accused employs exceptions to explain or mitigate their actions.

In summary, the court’s decision emphasizes the necessity of a nuanced approach in criminal cases, which involves balancing the severity of the offense with the context of the offender’s actions. The judgment reaffirms the principle that justice necessitates proportionality in punishment by rejecting undue reliance on mitigating defenses when the evidence establishes obvious intent and premeditation. This case continues to be relevant as a precedent in interpreting the gradation of offenses under criminal law, ensuring that the judicial system upholds the rule of law and fairness in adjudicating severe crimes.