Case Note & Summary
The case arises from an incident on 08.04.2012 where six accused persons allegedly assaulted Smt. Anjamma (deceased) at her house. The complaint lodged on 13.04.2012 alleged that A-1 kicked the deceased in the stomach, causing her to fall, and all accused assaulted her with hands. She was treated at Government Hospital, Zaheerabad and later at Osmania Hospital, Hyderabad, but succumbed to injuries on 12.04.2012. The police registered Crime No.27 of 2012 under Sections 302, 303, 504 read with Section 34 IPC, and after investigation, chargesheet was filed under Section 302 read with Section 34 IPC. The trial court convicted A-1 to A-4 and A-6 under Section 323 read with Section 34 IPC (simple hurt) and acquitted them of the murder charge under Section 302 read with Section 34 IPC, sentencing them to six months rigorous imprisonment and a fine of Rs. 1,000 each. The appellants (A-3 and A-4) appealed to the High Court, which dismissed their appeal by common judgment dated 11.01.2023. Hence, they appealed to the Supreme Court. The Supreme Court considered whether the conviction under Section 323 IPC was sustainable. The court noted that the medical evidence (PW-9) indicated that the cause of death was due to shock and hemorrhage from a ruptured spleen, which could have been caused by a forceful kick. However, the trial court had acquitted all accused of murder, finding that the death was not directly attributable to the accused's acts. The Supreme Court held that the prosecution failed to prove that the deceased died due to the kick by A-1, but the evidence of eyewitnesses PW-1 and PW-2 clearly established that the appellants (A-3 and A-4) assaulted the deceased with hands, causing simple hurt. Therefore, the conviction under Section 323 read with Section 34 IPC was proper and did not warrant interference. The court dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Conviction for Lesser Offence - Section 323 read with Section 34 IPC - When accused are acquitted of murder charge under Section 302 IPC but evidence shows they voluntarily caused hurt, conviction under Section 323 IPC is sustainable - The court held that the prosecution failed to prove that the deceased died due to the kick by A-1, but the evidence of PW-1 and PW-2 established that the appellants (A-3 and A-4) assaulted the deceased with hands, causing simple hurt - Hence, conviction under Section 323 IPC was proper (Paras 1-6). B) Criminal Law - Common Intention - Section 34 IPC - For conviction under Section 34 IPC, it must be shown that the accused shared a common intention to commit the offence - In this case, the trial court and High Court found that the appellants shared common intention with A-1 to cause hurt, but not to cause death - Therefore, conviction under Section 323 read with Section 34 IPC was upheld (Paras 3-6).
Issue of Consideration
Whether the conviction of the appellants (Accused Nos. 3 and 4) under Section 323 read with Section 34 IPC is sustainable when they were acquitted of the charge under Section 302 read with Section 34 IPC.
Final Decision
The Supreme Court dismissed the appeal and upheld the conviction of the appellants under Section 323 read with Section 34 IPC, confirming the sentence of six months rigorous imprisonment and fine of Rs. 1,000 each.
Law Points
- Section 323 IPC
- Section 34 IPC
- Section 302 IPC
- Section 304 IPC
- Section 299 IPC
- Section 300 IPC
- distinction between culpable homicide and murder
- common intention
- conviction for lesser offence when main charge fails
