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2016 Supreme(Chh) 84

NAVIN SINHA, P.SAM KOSHY
Mainu Ram, S/o Kanglu Ram – Appellant
Versus
State of Chhattisgarh, through the District Magistrate, Kanker – Respondent


Advocates Appeared:
For the Appellant : Shri Shivendu Pandya.
For the Respondent: Smt. Smita Ghai.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The appellant, Mainu Ram, was initially convicted of a serious offense under Section 302 of the Indian Penal Code (IPC), which pertains to murder, and was sentenced to life imprisonment with a fine. The conviction was based on evidence indicating that the deceased died due to internal injuries caused by assault (!) (!) .

  2. The incident originated from a trivial matter—a bicycle accident—and involved assault with hands and fists, without the use of any weapons. There was no evidence of pre-existing enmity between the parties, and the assault appeared to be impulsive rather than premeditated (!) (!) (!) .

  3. The medical evidence revealed that the deceased suffered internal injuries, including perforation of the peritoneum and jejunum, leading to septicemic shock, which caused death. Importantly, there were no external injuries consistent with a lethal assault, and the injuries were inflicted with fists and possibly some blunt objects (!) .

  4. The court noted that the appellants did not have the intent or knowledge that their actions would result in death or grievous internal injuries. The injuries caused do not meet the criteria for grievous hurt that endangers life, but do constitute grievous hurt under Section 320(8) of the IPC (!) .

  5. Consequently, the court modified the conviction from murder under Section 302 IPC to grievous hurt under Section 325 IPC, which pertains to causing hurt that endangers life, and sentenced the appellants to the period already undergone in custody. The reasoning was based on the absence of intent to kill and the nature of the injuries (!) (!) .

  6. The appeal was ultimately dismissed, affirming the modified conviction and sentence (!) .

  7. Additional considerations included the relationship between the parties, the trivial origin of the fight, and the absence of external injuries, which supported the conclusion that the assault was not committed with the intent to cause death or grievous harm (!) (!) (!) .

This summary captures the core legal reasoning and factual findings of the case, emphasizing the reduction of the charge from murder to grievous hurt due to lack of intent and the nature of the injuries sustained.


JUDGMENT :

Navin Sinha, J.

1. The Appellants stand convicted to life imprisonment under Section 302 IPC with fine of Rs. 500/-, in the event of failure to pay which they were required to undergo further rigorous imprisonment for 3 months ordered on 20.8.2002 by the Third Additional Sessions Judge (F.T.C.), Kanker in Sessions Trial No. 25 of 2000.

2. According to the prosecution case, the bicycle of the deceased and Appellant No. 1 met with an accident on 12.8.1999. The two Appellants are then stated to have assaulted the deceased with hands and fists. The next day, Rojnamcha Sanha 443 was lodged with the police station. The MLC of the deceased, Exhibit P-12 found swelling on the left eye, sub-conjunctival hemorrhage, hematoma below left lower eyelid, swelling on the 9th, 10th and 11th ribs on both sides, coupled with bleeding through rectum suspecting grievous internal injuries. The deceased was under treatment from the day of occurrence and finally died on 30.8.1999.

3. Learned Counsel for the Appellants submits that the cause of occurrence was trivial in nature. There is no allegation of any previous enmity which may have been evidence of motive. The Appellants never intended to caus










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