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HIGH COURT OF ALLAHABAD
U.S.TRIPATHI, M.CHOCKALINGAM
Shashi Kamal Rai
Versus
State of U.P
Crl.Appeal 2511 of 1980
Decided On : 05 March 2004
Crl. Appeal 2511 Of 1980
Conviction - Assault - Section 325, IPC - Summary of Acts and Sections: Section 325, IPC - The court discussed the evidence presented by witnesses and medical reports to determine the nature of the assault and the appropriate legal provision to apply. The court referred to the principles established in the case of Sir Prakash v. The State, 1989 all LJ 177 to interpret the severity of the injuries and the corresponding legal offense. The court concluded that the offense fell under Section 323, IPC instead of Section 325, IPC.
Fact of the Case:
The case involved the assault of a student resulting in his death. The accused was convicted under section 325, IPC but released on probation due to his age and lack of subsequent offenses.
Finding of the Court:
The court found that the accused caused fists blows on the deceased, resulting in injuries to the abdomen. However, it concluded that the offense fell under Section 323, IPC instead of Section 325, IPC.
Issues: The key issue was to determine the appropriate legal provision for the offense based on the nature of the injuries caused by the accused.
Ratio Decidendi: The court applied the principles established in the case of Sir Prakash v. The State, 1989 all LJ 177 to interpret the severity of the injuries and determine the applicable legal offense.
Final Decision: The conviction of the appellant under section 325, IPC was altered to section 323, IPC, and his release on probation was confirmed. Government Appeals No. 81 of 1981 and 89 of 1981 were dismissed.
( 1 ) THE above three appeals have been preferred against the judgment and order dated 9-10-1980 passed by IInd Additional Sessions Judge, Ghazipur in Sessions Trial No. 153 of 1975 convicting Shashi Kamal Rai accused under section 325, IPC and instead of sentencing him to imprisonment directing him to be released on probation for a period of three years on his entering into a bond of Rs. 2,500/- and furnishing two sureties each in the like amount, for putting in appearance to receive sentence, if and when called upon during the said period and in the meantime for keeping peace and doing good behaviour.
( 2 ) THE prosecution case briefly stated, was that Sudhir Kumar deceased (18) and accused Shashi Kamal Rai were students of intermediate Ist year in Government City inter College, Ghazipur. They were students of Science group with Biology IIIrd and IVth periods of their class from 11. 20 a. m. to 12. 40 p. m. on every Friday and Saturday were allotted for practical in Biology subject. On 10-2-1973 (Saturday) the batch of students consisting of the deceased and the accused and other students were doing their biology practical in the laboratory at different tables. Sri K. K. Misra (PW 9) was Biology teacher and was also supervising practical of the students. After supplying materials for practical Sri K. K. Misra (PW 9) left the laboratory. It is alleged that the accused and the deceased were doing their practical on same table. Some quarrel took place between them at the end of 4th period and the accused started fisting the deceased. The deceased defended the blows of fists, but some blows hit on his chest and abdomen with the result he sat down on the floor pressing his chest and abdomen with his hands. The accused, thereafter, left the laboratory and the other students also dispersed. Thereafter, when the deceased came on the road, the accused again started fisting him. However, the matter was intervened by passerby including Diwakar Srivastava (P. W. 3)and Jairam (P. W. 5 ). The deceased was brought to District Hospital, Ghazipur at 3. 30 p. m. by Shaym Narain Tiwari and chandra Prakash Sharma, where he was treated by Dr. Prem Shanker Lai. The ceased was also examined by Dr. K. P. Singh (PW 13) and Dr. Orn Prakash (PW 8) who prescribed certain medicines, but ultimately the deceased expired at 4. 30 pin.
( 3 ) AFTER the death of deceased, Dr. Prem shanker Lai sent a note to Station Officer, p. S. Kotwali, Ghazipur informing that Sudhir kumar deceased was brought to the hospi-tal at 3. 30 pm. in unconscious condition by shyam Narain Tiwari and others, and he expired on 4. 30 p. m. The above information was entered at general diary report (Ext. Ka-16) and Sri Tilak Dhani Ram, Sub-Inspec-tor (PW 11) was deputed to conduct inquest of the dead body of the deceased. He con-ducted inquest of the dead body of deceased on 11-2-1973 in the morning, sealed the dead body and sent the same for postmor-tem.
( 4 ) THE information regarding death of deceased was given to his mother, who called rajendra Singh (PW 1) and asked him to lodge report of the occurrence at the police station, as father of the deceased had gone to Agra in connection with meeting of Rajya karmachari Sanyukta Parishad. Rajendra singh (PW. 1) prepared written report (Ext. Ka-1) and lodged the same at the P. S. Kotwali on 11-2-1973 at 7. 50 p. m. On the basis of above report, chick report (Ext. Kal7) was prepared and a case under Section 302, IPC was registered against the accusced. vide g. D. report (Ext. Ka-18 ).
( 5 ) AUTOPSY on the dead body of the de-ceased was conducted on 11-2-1973 at 4. 45 p. m. by Dr. Om Prakash (P. W. 8), who found following facts : no external injury was seen on the body of the deceased. The internal examination showed following injuries :
1) Lacerated wound 2v4" x W on the right lobe of liver. 2) Lacerated wound 1" x W on the supe-rior lobe of spleen. 3) Lacerated wound 2" x Vz" on left side of spleen. Abdominal cavity conta
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