Case Note & Summary
The appellants, father and son, were prosecuted along with one Ramdeo for the murder of Ramdular. The prosecution case was that on June 7, 1962, around sunset, the three attacked Ramdular with a lathi, inflicting four head injuries. Medical evidence established two fatal blows causing extensive skull fractures and two simple injuries. The deceased died the same night without regaining consciousness. The first appellant Baul was alleged to have instigated the assault, while Sadhai and Ramdeo were said to have physically attacked the victim. The trial court convicted all three under section 302 read with section 34 of the Indian Penal Code, 1860. On appeal, the High Court acquitted Ramdeo but upheld the conviction of Baul and Sadhai under the same sections. The two appellants then appealed to the Supreme Court by special leave. The core legal issue was whether, after the acquittal of one co-accused, the remaining accused could be convicted for murder under section 302 simpliciter without specific proof that they caused the fatal injuries. The Supreme Court held that the acquittal of one accused negated the element of common intention. The prosecution failed to establish which accused inflicted the two fatal blows. It could not be assumed that the remaining accused alone caused all four injuries. Therefore, the benefit of doubt had to be extended on the charge under section 302. However, the act of causing head injuries with a lathi did constitute grievous hurt under section 325. The Court accordingly altered the conviction of the appellant who had actively participated in the assault from section 302 to section 325, while extending the benefit of doubt to the aspect of murder. The appeals were partly allowed.
Headnote
A) Criminal Law - Common Intention - Section 34 Indian Penal Code, 1860 - When one of two accused is acquitted, common intention stands unproved; the other accused cannot be presumed to have caused all injuries alone - Court held that prosecution must establish the exact nature of injury caused by each accused - Held that in absence of such proof, benefit of doubt regarding murder charge must be given (Paras Not mentioned) B) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction simpliciter after acquittal of co-accused - Where victim sustained four lathi injuries on head (two fatal), and one accused is acquitted, the remaining accused cannot automatically be convicted under section 302 - Court ruled that it cannot be postulated that the remaining accused alone caused all injuries without specific evidence - Held that conviction under section 302 was not sustainable (Paras Not mentioned) C) Criminal Law - Grievous Hurt - Section 325 Indian Penal Code, 1860 - Alternative conviction when murder charge not proved - Where common intention is not established and fatal injury attribution remains unclear, accused may be convicted under section 325 for causing grievous hurt - Held that this section properly applies to the proven act of causing head injuries with a lathi (Paras Not mentioned)
Issue of Consideration
Whether, after the acquittal of one of the two accused charged with murder by common intention, the other accused can be convicted under section 302 IPC simpliciter without specific proof that he inflicted the fatal injuries?
Final Decision
Supreme Court partly allowed the appeals. Conviction under sections 302/34 IPC was set aside. Appellants were given benefit of doubt on murder charge. However, the appellant who participated in the assault was convicted under section 325 IPC for causing grievous hurt, as the act of causing head injuries with a lathi fell within that section. The other appellant was acquitted.
Law Points
- When common intention under section 34 IPC is not proved due to acquittal of co-accused
- the remaining accused cannot be convicted under section 302 IPC unless prosecution establishes that he caused the fatal injury
- in absence of such evidence
- benefit of doubt must be given on murder charge and conviction may be under section 325 IPC for causing grievous hurt
