Summary
The Court restored murder convictions which the High Court had reduced to culpable homicide under Section 304 Part II. The deliberate group assault caused fractured ribs and injuries to the lung and liver sufficient in the ordinary course of nature to cause death. Under Section 300 thirdly, intention to inflict the particular bodily injury, rather than a further intention to kill, was material. Taking the victim to a doctor did not displace the established ingredients. The trial court’s life sentences and fines were restored.
Issues
- Whether the intentional injuries and medical evidence brought the offence within Section 300 thirdly rather than Section 304 Part II.
- Whether taking the victim to a doctor excluded murder liability in the circumstances.
Provisions considered
- Section 300, clause thirdly, Indian Penal Code, 1860The intended bodily injuries were objectively sufficient in the ordinary course of nature to cause death, establishing murder without separate proof of an intention to kill. (¶¶ 16, 17, 18, 19, 20)
- Sections 302 and 149, Indian Penal Code, 1860The trial court’s murder convictions, substantive sentences and fines for the five accused were restored. (¶¶ 21, 22, 23)
Held
- The accused maintained their position that they did not contest participation or seek acquittal, but sought reduction of the homicide offence. The Court accordingly examined the nature of that offence on the evidence. (¶¶ 5, 8, 14, 15)
- Applying Virsa Singh, the prosecution had to establish the injury, its nature, intention to inflict that particular injury, and its objective sufficiency to cause death in the ordinary course. No additional intention to kill or knowledge of fatal sufficiency was necessary once those elements were proved and no exception applied. (¶¶ 16, 18)
- The restrained victim was deliberately assaulted, causing fractured ribs, ruptured lung and liver injury. The medical evidence established fatal injury to vital organs, contrary to the High Court’s premise. The injuries were not accidental or unintentional, and all ingredients of Section 300 thirdly were proved. (¶¶ 11, 12, 17, 19)
- Taking the victim to a doctor did not negate the established murder offence. The High Court’s reduction to Section 304 Part II was not a possible view of this record; the original murder sentences and fines were restored. The accused had six weeks to surrender, failing which the trial court was to secure their arrest. (¶¶ 20, 21, 22, 23)
Result
Appeal allowed. The trial court’s convictions under Sections 302/149 IPC, life sentences and fines were restored; the accused were directed to surrender within six weeks to serve the remaining sentences.