IMPORTANT POINTS
(1) Murder – Adequacy or otherwise of medical attention is not a relevant factor when doctor who conducted post-mortem clearly deposed that death was caused due to cardio respiratory failures, as a result of injuries inflicted upon deceased.
(2) Culpable homicide – Requirement of Section 300 thirdly of IPC is fulfilled if prosecution proves that accused inflicted an injury which would been sufficient to have resulted in death of victim – Determinative fact would be intention to cause such injury and what was degree of probability.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. This appeal, by special leave, arises from the judgment and order of the Chhattisgarh High Court¹[Dated 20.02.2019 in Cr. A. No. 178/2013], affirming the conviction recorded, and the sentence imposed, upon the present appellants.

2. The State of Chhattisgarh (hereafter “the state”) prosecuted the appellants in relation to an incident, leading to the death of one Vrindawan. The prosecution’s allegation was that the appellant/accused and Vrindawan, the deceased, were cousins. On the afternoon of 28.02.2012, when the deceased was getting his land levelled through a JCB machine, the appellants reached the place and attacked him. Vrindawan sustained several injuries including head injuries.

He was taken to the hospital and was examined by Dr. Bhageshwar Patel (PW11). As serious head injuries were involved Vrindawan was operated upon by Dr. S.N. Madhariya (PW15). However, Vrindawan could not survive and died on 22.03.2012. Dr. S.K. Bagh (PW14) conducted the post-mortem and in his report (Ex. P-28), stated that death was caused by injuries sustained by the deceased on the head.

3. The police registered a case under Section 302 read with 34 Indian Penal Code (hereafter “IPC”) against all accused, based on a first information report (hereafter ‘FIR’) lodged by Aarti Pradhan (PW1) the deceased Vrindawan’s daughter. The FIR (Ex. P-1) alleged that the appellants reached the spot, abused Vrindawan and then assaulted him. The allegation against A-1 Prasad Pradhan was that he was armed with an axe and attacked the deceased on the head. Against A-2 Lingraj Pradhan, the allegation was that he was armed with an axe and had assaulted the deceased on the legs. Regarding the third accused person - Soudagar Pradhan, who is grandson of A-1 and son of A-2, the allegation was that he went to the spot and caught hold of the deceased. Soudagar Pradhan, however, is not an appellant before this court.

4. After the final report was filed, the trial court charged all three accused persons of sharing common intention and then committing the murder of Vrindawan – they were charged for offences under Section 294, 323 read with 34, 302 read with 34, IPC. The appellants, having abjured guilt, were put to trial.

The prosecution examined as many as 15 witnesses. Aarti Pradhan (PW1), Narrotam (PW2), Safed Pradhan (PW3), Rukni (PW4), Ayodhya Bai (PW5) and Navin Sahu (PW6) are relatives of the deceased. The appellants examined two defence witnesses. The court held all the appellants guilty of commission of the offence alleged against them and sentenced them: life imprisonment, for the offence of murder, and six months rigorous imprisonment for the offence under Section 323 IPC. The appellants’ appeal before the High Court was partly allowed by the impugned judgment. The High Court acquitted Soudagar Pradhan on both counts, but affirmed the conviction and sentence of the present appellants (A1 and A2). They are, resultantly, before this court.

Contentions of the appellants

5. The appellants argue that the prosecution evidence ought to be discarded. The credibility of the three eyewitnesses is impeached, as they were related to the deceased and further, according to the appellants, their statements otherwise suffer from material contradictions and are implausible. Learned counsel submitted that taken as a whole, the evidence cannot lead one to conclude that the finding of common intention is made out. Learned counsel argued that the dispute arose in a flash, suddenly at the spot when the deceased -Vrindawan started getting the disputed land levelled, due to which the appellants (who lived in the same locality in adjacent houses) went out of their houses, and allegedly assaulted the deceased. Therefore, in these circumstances, it is argued, the appellants are liable only to the extent of their individual overt acts. It was argued alternatively, that the incident happened all of a sudden and without premeditation. The appellants had no intentio