Summary
The High Court reduced murder convictions to grievous hurt because the victim died six days after the assault and had no skull fracture. The Court held that these reasons ignored the post-mortem evidence establishing a fatal head injury and internal haemorrhage, together with the trustworthy eyewitness account of an armed group assault. It restored the trial court’s murder convictions and life sentences against the two surviving accused and ordered immediate custody.
Issues
- Whether survival for six days and absence of a skull fracture justified substituting grievous hurt for murder on this evidence.
Provisions considered
- Sections 302, 34 and 326, Indian Penal Code, 1860The fatal head injury and proved circumstances supported the original murder convictions, individually and with common intention, rather than the substituted grievous-hurt convictions. (¶ 7-8)
Held
- The High Court accepted the eyewitnesses as trustworthy and the armed assault as proved, but failed to consider the post-mortem injuries and the medical evidence that the head injury caused death. Survival during six days of treatment did not itself justify reducing the offence. (¶ 7-7.1)
- The doctor found brain congestion and subdural haematoma over both temporal lobes. Absence of a skull fracture did not negative the fatal internal head injury or displace the murder convictions in the circumstances proved. (¶ 7.1-7.3)
- The accused had gone armed to the field and inflicted serious injuries, including the fatal injury to a vital part. The trial court’s conviction of Jai Dutt under Section 302 and Shastri under Sections 302/34, with life imprisonment and the original fines, was restored. Both were to be taken into custody forthwith. (¶ 7.3-8)
Result
State appeal allowed; trial court’s murder convictions, life imprisonment and fines restored against Jai Dutt and Shastri; immediate custody directed.