IMPORTANT POINT
Nature of injuries, if sufficient to cause death in ordinary course of nature, and intention to cause death, warrant conviction u/s 302 IPC.

JUDGMENT :

C. Nagappan, J.

1. Leave granted.

2. This appeal is preferred against the judgment dated 26.9.2012 passed by the High Court of Madhya Pradesh Principal seat at Jabalpur in Criminal Appeal No. 1797 of 2004 whereby the High Court partly allowed the appeal filed by the respondents/accused, by setting aside their conviction under Section 302 IPC and convicted them for the offence under Section 304 Part I IPC and thereby reducing their sentence from life imprisonment to Rigorous Imprisonment for 10 years.

3. Briefly the facts are as follows : Deceased Hari Choudhary is the uncle of PW1 Kallu Choudhary. On 15.8.2000 at about 3.30 p.m. both of them were going to eat betel and on their way they saw respondent no.1/accused Golu, respondent no.2/accused Bhura and three other accused namely Puttu @ Ram Charan, Gabbar and Bedilal armed with weapons, coming and accused Bhura hurled country bomb at them. On explosion they fell down and accused Bhura dealt a blow of sword to PW1 Kallu and the other accused also assaulted him with their weapons. PW1 saw the accused persons assaulting Hari Choudhary with their weapons. He ran and informed PW3 Ram Niwas, brother of Hari and they carried injured Hari to Victoria Hospital, Jabalpur where he was declared dead. On telephonic information PW10 Sub-Inspector R.B. Soni reached the hospital and recorded Exh.P1 complaint given by PW1 Kallu and prepared Exh.P2 Murg Report. He conducted inquest and prepared Exh.P3 Inquest Report and gave requisition for conducting post-mortem. He also sent injured PW1 Kallu for medical examination.

4. Dr. Ashok Kumar Jain conducted the autopsy and found following injuries on the body of Hari:

i) Incised wound 3” x ½” muscle deep on right cheek

ii) Incised wound 4” x ½” x bone deep on left cheek extending up to ear. The pinna of the ear was cut.

iii) Incised wound on right knee joint posteriorly to lateral aspect. Joint disarticulated. Patella hanging with the help of tendon. Vessels, nerves and other soft tissues severed.

iv) Incised wound 3” x ¾” x bone deep over occipital region obliquely placed. Clotted blood matting the skull hair.

v) Swelling of blue colour on the right shoulder on the back side 6” in length.

vi) Linear abrasion over left side of chest lateral aspect 4” in length, bluish in colour.

Injuries No.1, 2, 3 and 4 were caused by hard and sharp object. Injuries No.5 and 6 might have been caused by hard and blunt object. All the injuries were ante mortem in nature and were sufficient to cause death. In the opinion of Dr. Jain, cause of death was excessive haemorrhage from Injury No.3. The death of deceased was homicidal.

5. PW10 Sub-Inspector Soni, after registering a case under Section 302 IPC and Section 3(2)(v) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act against the accused persons and after investigation filed the charge-sheet. After committal the Sessions Court framed charges against both the respondents herein and accused Puttu @ Ram Charan. Accused Gabbar and Bedilal were absconding. The trial court convicted the respondents herein for the offence under Section 302 IPC and acquitted them for the offence under Section 3(2)(v) of the SC/ST (P.A.) Act and sentenced each of them to life imprisonment and to pay a fine of Rs.1000/-each in default to undergo one month simple imprisonment for the charge of murder. At the same time the trial court acquitted accused Puttu @ Ram Charan of the charges. Challenging the same, both the respondents herein preferred appeal and the High Court altered the conviction and sentence as mentioned above. Aggrieved by the same the State has preferred the present appeal.

6. The learned counsel for the appellant State submitted that the view taken by the High Court is patently erroneous in law as the offence under Section 302 IPC was clearly made out. It is his further submission that the High Court has committed an error in holding that injury no.3 was not on vital part of the body and the other injuries were n