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High Court Of Rajasthan
Judgename : G.L.GUPTA,A.K.SINGH
DUNGA RAM - Appellant
Versus
STATE OF RAJASTHAN - Respondent
Criminal Appeal 653 Of 1981
Decided On : 07/18/1996
CRIMINAL APPEAL - SECTION 302, 323 OF THE INDIAN PENAL CODE - CULPABLE HOMICIDE AMOUNTING TO MURDER - INTENTION TO CAUSE DEATH OR INJURY LIKELY TO CAUSE DEATH - SIMPLE INJURY CAUSED BY BLUNT WEAPON - INTRA CRANIAL HEMORRHAGE AS CAUSE OF DEATH - LIABILITY UNDER SECTIONS 300, 302, 304, 323 OF THE INDIAN PENAL CODE.
Fact of the Case:
The appellant was convicted under Section 302 of the Indian Penal Code for causing the death of Pusa Ram by inflicting a single lathi blow on his head. The appellant challenged the conviction, arguing that his act did not amount to culpable homicide amounting to murder and that he could only be held liable under Section 323 of the Indian Penal Code for causing simple injury.
Finding of the Court:
The court found that the appellant had inflicted a single lathi blow on the head of the deceased, causing a simple injury. However, the cause of death was an internal injury, namely intra cranial hemorrhage, which was not caused by the simple injury but by the single lathi blow. The court held that the appellant could not be held liable under Section 300 secondly and thirdly of the Indian Penal Code as there was no evidence that he intended to cause the internal injury that resulted in death. The court also held that Section 300 Clause 4 was not attracted as there was nothing to show that the appellant's act was so imminently dangerous that it was bound to cause death. Furthermore, the court found that Sections 304 Part One and Part Two of the Indian Penal Code were not attracted as the prosecution failed to prove that the appellant intended to cause the internal injury or had the knowledge that a single blow with a lathi was likely to cause such an injury.
Issues: 1. Whether the appellant's act of inflicting a single lathi blow on the head of the deceased, causing a simple injury, amounted to culpable homicide amounting to murder under Section 300 of the Indian Penal Code? 2. Whether the appellant could be held liable under Section 304 of the Indian Penal Code for causing the death of the deceased.
Ratio Decidendi: 1. The court held that the appellant's act did not fall within the definition of culpable homicide amounting to murder under Section 300 of the Indian Penal Code as there was no evidence that he intended to cause the internal injury that resulted in death. The court reasoned that Section 300 secondly and thirdly of the Indian Penal Code require the intention to cause the bodily injury which is responsible for the death of any person, and in the absence of such intention, these provisions cannot be applied. 2. The court held that Section 304 of the Indian Penal Code was not attracted as the prosecution failed to prove that the appellant intended to cause the internal injury or had the knowledge that a single blow with a lathi was likely to cause such an injury.
Final Decision: The court partly allowed the appeal, setting aside the conviction and sentence under Section 302 of the Indian Penal Code. The appellant was convicted under Section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 4 months, which he had already served during the investigation, trial, and period of conviction. The court discharged the appellant's bail bonds.
A. K. SINGH, J.
( 1 ) HEARD the learned counsel for the appellant and the learned Public Prosecutor for the State.
( 2 ) THIS appeal has been filed against the judgment delivered by the learned Additional Sessions Judge, Nagaur (camp at Didwana), on 11th Dec. 1981 in Sessions Case No. 47/81, State v. Dunga Ram, whereby the accused appellant was convicted under Section 302 of the Indian Penal Code and sentenced to under-go imprisonment for life and to pay a fine of Rs. 100. The facts relevant for the disposal of this appeal may be summarised as below :-ON 21st June, 1981 Krishna Ram Meghwal submitted the First Information Report Ex. P-3 before the Station House Officer of the Police Station, Jaswantgarh and stated therein that on 20th June, 1981 at about 9. 00 p. m. Dunga Ram Ganpat Ram, Uda Ram, Gopi Ram and Gulab Ram went to the house of Pusa Ram with lathis and axes in their hands and at the house of Pusa Ram the accused abused Pusa Ram and the first informant and inflicted injuries on them. On hearing the hue and cry Aasum Ram, Gordhan Ram and others came to the spot and intervened. At that time the assailants threatened the first informant that they would kill him. After the above incident the first informant went to Didwada with a view to lodge the First Information Report at the Police Station. In his absence his uncle, Pusa Ram went out of his house at about 6. 00 a. m. to reply the call of nature. When he passed in front of the house of the accused, the accused who were armed with lathis and axes and were waiting for him ran after Pusa Ram with a view to kill him and at that time Dunga Ram who was armed with lathi inflicted a lathi blow on the head of Pusa Ram. The blow landed on the left side of his head. On hearing the alarm raised by Pusa Ram, Jaggu Ram Meghwal and Sawai Ram Jat rushed to the spot and reminded the accused that Pusa Ram might die. Meanwhile Pusa Ram fell on the ground and then the accused said "". Pusa Ram in an injured condition was taken to Didwana Hospital by Mangi Lal and Jaggu Ram. His condition was serious and he was unconscious. First Information Report Ex. P-3 shows that medical examination of the injuries of Pusa Ram was conducted before lodging the First Information Report and the medical examination report was submitted with the First Information Report. On the basis of the report submitted by Krishna Ram Meghwal the Police registered the case under Sections 341, 323 and 307 of the Indian Penal Code. Pusa Ram was admitted as an indoor patient in Government hospital, Didwana and when he was undergoing treatment, he died on 24th June, 1981 on account of the injury received by him. The Police therefore, investigated the case under Section 302 of the Indian Penal Code and after investigation the challan was submitted in the Court of Special Judicial Magistrate, Nagaur, alleging the commission of offence punishable under Sections 341 and 302 of the Indian Penal Code by the appellant. After taking cognizance the learned Judicial Magistrate committed the case to the Court of learned Additional Sessions Judge, Nagaur. The charge under Section 302 was framed against the appellant. He pleaded not guilty to the charge. During trial the prosecution examined as many as 12 witnesses to support the prosecution case, the appellant was examined under Section 313 of the Criminal Procedure Code. In his statement the appellant expressed ignorance about the alleged occurrence and denied all the circumstances appearing against him. Ganpat DW-l, Nanu Ram DW-2 and Karna Ram DW-3 were examined in defence. After hearing both the parties the learned Additional Sessions Judge, Nagaur convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to under-go imprisonment for life and to pay a fine of Rs. 100.
( 3 ) THE learned counsel for the appellant has submitted that in this case the appellant is entitled to be acquitted of the offence punishable under Section 302 of the Indian Pen
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