1. Conviction under Section 302 IPC for murder in furtherance of common intention, following the acquittal of co-accused. (Para 2 )
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1998 Supreme(SC) 1055
SUPREME COURT OF INDIA
M.K.Mukherjee : M.Srinivasan
Roopa Ram
Versus
State Of Rajasthan
Case No. : 1066 of 1998
Date of Decision : 10/9/98
When there is no conclusive evidence that the specific injury inflicted by an accused caused the victim's death, and co-accused are acquitted, the accused cannot be convicted of murder but is liable for their individual act of causing grievous hurt under Section 326 of the IPC.
Headnote:(A) Indian Penal Code - Section 302 and Section 326 - Conviction for murder - Absence of conclusive evidence that injury inflicted by accused resulted in death - Acquittal of co-accused - Liability limited to individual act of causing grievous injury - Conviction altered from Section 302 to Section 326. (Para 3)
Facts of the case:
The appellant and two others were tried for committing murder in furtherance of their common intention. The trial court convicted the appellant under Section 302 of the Indian Penal Code and acquitted the other two accused. An appeal against this conviction was subsequently dismissed by the High Court.
Findings of Court:
The court found that there was no conclusive evidence adduced by the prosecution to prove that the specific injury inflicted by the appellant resulted in the death of the victim. In view of the acquittal of the other two accused, who were also alleged to have inflicted injuries, the appellant could not be convicted under Section 302 and was liable only for his own act of causing a grievous injury on the head of the deceased using a sharp cutting instrument.
Issues: Whether the appellant could be convicted under Section 302 of the Indian Penal Code in the absence of evidence that his specific injury caused death, particularly when co-accused were acquitted.
Ratio Decidendi: Where it is not proven that the specific injury caused by the accused led to death, and co-accused are acquitted, the accused is liable only for their own act of causing grievous hurt under Section 326 of the Indian Penal Code rather than murder under Section 302.
Result: Appeal allowed. Conviction and sentence under Section 302, I.P.C. set aside and appellant convicted under Section 326, Indian Penal Code, and sentenced to suffer rigorous imprisonment for 7 years.
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2. The court observed that the prosecution failed to prove the appellant's injury caused death, limiting his liability to his own act of causing grievous injury. (Para 3 )
3. An accused is liable only for their individual act if the prosecution fails to prove their specific injury caused death and co-accused are acquitted. (Para 3 )
4. Conviction under Section 302 IPC set aside; appellant convicted under Section 326 IPC and sentenced to seven years rigorous imprisonment. (Para 3 , 4 )
5. Under what circumstances is a conviction under Section 302 IPC modified to Section 326 IPC?
A conviction is modified when the prosecution fails to prove that the specific injury inflicted by the accused resulted in the victim's death, particularly when co-accused who also inflicted injuries are acquitted. (Para 3 )
6. What is the legal liability of an accused when the causal link between their injury and the victim's death is not established?
The accused is held liable only for their own individual act, such as causing a grievous injury, rather than for the murder. (Para 3 )
(1) LEAVE granted limited to the nature of offence. Heard the learned counsel for the parties.
(2) THE appellant and two others were tried for committing the murder of one Naba in furtherance of their common intention. The trial court convicted the appellant under Section 302. I. P. C. (simpliciter) and acquitted the other two. As the appeal preferred by him in the High court proved abortive, he has filed the instant appeal.
(3) IN absence of any conclusive evidence adduced by the prosecution to prove that the injury inflicted by the appellant resulted in the death of the victim, the appellant could not be-in view of the acquittal of the other two against whom the allegation was that they also inflicted injuries on the deceased - convicted under Section 302, I. P. C. (simpliciter) as he would be liable only for his own act, which in the instant case was of causing a grievous injury on the head of the deceased by a kudali (a sharp cutting instrument). The offence committed by the appellant will, therefore, come squarely under Section 326, Indian Penal Code. We accordingly set aside the conviction and sentence of the appellant under Section 302, I. P. C. and convict him under Section 326, Indian Penal Code. For the altered conviction we sentence him to suffer rigorous imprisonment for 7 years.
(4) THE appeal is thus allowed.
