Determining the cause of death determines the provision to be put under

Determining the cause of death determines the provision to be put under written by Diksha Sharma student of Government Law College, Mumbai

In the High Court of Judicature at… vs Unknown [5, December 2008]

Facts:

The appellant was alleged to have assaulted a man named Bhaurao on the abdomen by using a spear causing multiple injuries and bleeding on the cheeks, chest, and ear of the person. Not only this, multiple injuries were inflicted upon two other witnesses before the appellant named Vinod ran away. Subsequently, a case was filed before the court, where the trial court convicted the appellant under Section 324 of the Indian Penal Code and awarded a sentence of rigorous imprisonment for one year. Aggrieved by the decision, an appeal was made in the High Court.

Issues:

• Whether the appellant should be convicted under Section 302 or Section 304 of the Indian Penal Code?

Legal Provisions:

• Section 302, IPC – Punishment for murder
• Section 304, IPC – Punishment for culpable homicide amounting to murder
• Section 324, IPC – Causing grievous hurt by weapons

Appellant’s Contention:

The learned counsel submitted contentions on behalf of the appellant that the real story has been suppressed and has been laid in the court in a manipulated manner. The situation is being corroborated only based on witnesses; there lies no evidence against the appellant which proves the action of the appellant. In short, the offense of the appellant has not been proved beyond a reasonable doubt.

Respondent’s Contention:

The learned counsel appearing on behalf of the respondent submitted that the judgment passed by the trial court was apt and does not need to be interfered with since the offense was proved beyond a reasonable doubt. The witnesses were close relatives of the deceased and ought not to have been believed by the trial court.

Observations of the court:

The statements submitted by the prosecution witnesses and the certificate issued after post mortem examination deposes as to the incident of assault that led to the death of the deceased. The question which arose before this court was whether the deceased met with homicidal death. As per the opinion of the doctor, the deceased died on account of hemorrhagic shock due to multiple stab injuries. The stabs were a result of continuous use of the spear, which the appellant used to cause grievous hurt to the deceased. The story appeared self-made by the wife of the accused and the accused; therefore it cannot be termed as reliable or acceptable. There is a lack of medical evidence to prove if multiple injuries by stabbing were sufficient to cause the death of the deceased in the ordinary course of nature. Thus, it is not safe to hold the accused guilty of an offense under Section 302. However, the accused cannot escape the liability of culpable homicide.

Judgment:

The appellant is liable under Section 304 Part-I of the IPC and the sentence is reduced.