The absence of direct evidence proving intent or knowledge of causing grievous injury negates culpability under Section 304 IPC.

JUDGMENT :

Rajesh Mazumdar, J.

Heard Mr. B. Lalramenga, learned counsel for the appellant and also heard Ms. Linda L. Fambawl, learned Addl. P.P for the State.

2. This matter was heard at length on 18.11.2025 and the judgment & order was reserved.

Proceedings leading to the appeal:

3. The case emanates from an FIR lodged with the Officer-in-Charge, Lunglei Police Station informing that the husband of the informant was beaten up by an unknown miscreant at Farm Veng, Pu Bawka Point and that he was taken to the hospital at Lunglei. When the informant reached the hospital, the husband of the informant was unconscious and despite best efforts of the Doctors to resuscitate him, he succumbed to his injuries on 15.03.2021 at around 12:25 A.M. A request was made to find out the miscreant who is behind the death of the husband of the informant and take action against him.

4. The case was registered as Lunglei P.S Case No. 33/2021 dated 15.03.2021 under section 302 IPC and investigation was carried out. The accused was arrested on 15.03.2021 and the final report/charge-sheet was filed by the Investigation Officer on 23.08.2021. During the trial, 9 prosecution witnesses were examined. The learned Trial Court examined the appellant under section 313 Cr.PC on 26.08.2022 and by the judgment & order dated 10.04.2023, the appellant was convicted under section 304 Part-I of the , 1860 and sentenced by the order dated 12.04.2023 to undergo a rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 5,000/- and in default to pay the fine, to undergo simple imprisonment for another one month. A 20 days period from the term of sentence was set off.

Prosecution story:

5. The prosecution story in brief was that the victim and another person had gone out to buy local made liquor at Lunglawn and after buying the local liquor, they both drank the liquor near Vety Office, Chanmari and then proceeded towards Pu Bawka point. At around 6:00 P.M, they met a common friend and three of them rode towards near Pu Bawka point. While they were waiting near Pu Bawka point, the accused went up to them and punched the deceased on his face, who fell down to the ground. The accused thereafter attacked the friend of the victim and frightened, the friend fled away on the scooty. When the friend of the victim went back to the place of occurrence by foot, he learned that the victim has already been taken to the Lunglei Civil Hospital. The friend of the victim thereafter went home to inform the incident to the wife of the victim. The victim was given treatment at Civil Hospital Lunglei, where he expired at midnight.

The Trial:

6. PW-1 is the informant. PW-2 (who claimed to be the eye witness of the scuffle between the accused and the deceased) had referred to the judicial statement recorded by the learned Magistrate on 06.04.2021. PW-4 was the friend of the victim. PW-5 was a resident of the place where the scuffle allegedly took place and who claimed to have seen the occurrence after the victim had fallen to the ground. PW-6 was also a resident at Farm Veng who claimed to have seen the victim lying on the ground. PW-7 claimed to have taken the victim by auto-rickshaw to the Civil Hospital when he found him lying injured in the road. PW-8 was the person whom the victim and his friend met at Farm Veng who also claimed to be a person when the accused came shouting towards them but he left before the fight and PW-9 was the Investigation Officer. PW-11 was the Doctor who attended the dead body of the victim when it was brought for post-mortem from Lunglei Police Station. One DW was examined and cross-examined. Statement under 313 Crpc was recorded.

Findings of Trial Court:

7. The learned Trial Court in its jud