Case Note & Summary
The State of Punjab filed a criminal appeal by special leave against the judgment of the Punjab and Haryana High Court which had partly allowed the respondents' appeal and altered their conviction from Section 302/34 IPC to Section 325/34 IPC. The four respondents were tried for offences under Sections 302/323 read with Section 34 of the Indian Penal Code for causing the death of Bakhtawar Singh and injuring Mukhtiar Singh. The trial court convicted all four under Sections 302/34 and 323/34 IPC; A-1, A-3, and A-4 were sentenced to life imprisonment and fine, while A-2, being a juvenile, was directed to be kept in a Borstal Jail under the East Punjab Children Act, 1949. The incident occurred on 14 December 1985 when the complainant and the deceased saw the accused burying illicit liquor in a field and objected; one accused caught the deceased from the waist while the other three assaulted him with lathis on the head, causing fatal skull fractures. The High Court, in appeal, held that there was no evidence of intention to cause death and altered the conviction to Section 325/34 IPC, sentencing A-1, A-3, and A-4 to three years rigorous imprisonment and fine, while sustaining the conviction under Section 323/34 IPC and the order regarding A-2. The State contended that the High Court's reasoning was unsustainable because the common intention was evident from the conduct of the accused and the nature of injuries. The respondents supported the High Court judgment. The Supreme Court, after examining the evidence, found that the two eyewitnesses clearly established that one accused held the deceased from the waist while the others assaulted him with sticks on the head, and that the assault continued even after he fell. The medical evidence showed that the cause of death was shock and haemorrhage resulting from fracture of the skull bones, which was sufficient in the ordinary course of nature to cause death. The Court held that the High Court had misread and misconstrued the evidence and that the offence fell under Section 302/34 IPC, not Section 325/34 IPC. Accordingly, the appeal was allowed, the High Court's alteration was quashed and set aside, and the trial court's conviction and sentence were restored. A-1, A-3, and A-4, who were on bail, were directed to surrender to their bail bonds to serve the remainder of their sentences.
Headnote
A) Criminal Law - Common Intention and Murder - Sections 302, 325, 34 Indian Penal Code, 1860 - The High Court altered conviction from Section 302/34 IPC to Section 325/34 IPC holding there was no evidence of intention to cause death but only common intention to cause grievous hurt - The Supreme Court held that the High Court misread and misconstrued the evidence of the two eyewitnesses (PW7 and PW8) - The common intention was clearly established because one accused held the deceased from his waist while the other three assaulted him with lathis on the head, and continued the assault even after he fell down - Medical evidence showed the cause of death was shock and haemorrhage from fracture of skull bones, sufficient to cause death in the ordinary course of nature - Held that the offence fell under Section 302/34 IPC and the High Court committed a serious error of law in altering the conviction (Paras 9-10).
Issue of Consideration
Whether the High Court erred in altering the conviction from Section 302/34 IPC to Section 325/34 IPC despite evidence proving common intention and fatal injuries.
Final Decision
Appeal allowed; High Court judgment altering conviction quashed and set aside; trial court conviction and sentence under Sections 302/34 and 323/34 IPC restored; A-1, A-3, A-4 directed to surrender to serve remaining sentences.
Law Points
- Common intention under Section 34 IPC is gathered from proved facts and circumstances
- nature of assault and injuries can prove common intention
- when accused held victim and others assaulted with lathis on head causing skull fracture and death
- offence is murder under Section 302/34 IPC
- High Court erred in altering conviction to Section 325/34 IPC by misreading evidence
- medical evidence of cause of death due to shock and haemorrhage from skull fracture sufficient in ordinary course of nature
