Case Note & Summary
The appellant, Murlidhar Namdeo Thite, was prosecuted in Sessions Case No.127/1996 before the 2nd Adhoc Additional District & Sessions Judge, Shrirampur, under Section 302 of the Indian Penal Code (IPC) for the murder of his crippled sister Vatsala. However, the trial court convicted him under Section 325 IPC (voluntarily causing grievous hurt) and sentenced him to rigorous imprisonment for four years and a fine of Rs.5000, with default imprisonment of one year. Aggrieved, the appellant filed the present appeal. The prosecution case, based on the FIR lodged by Police Patil Vilas Dahatonde (PW1) on 30.11.1995, stated that on that day at around 3.00 p.m., the appellant severely beat his crippled sister Vatsala, who had to crawl on the floor. The complainant heard commotion and saw the appellant beating Vatsala on her chest and face. Blood came from her mouth and her eyes swelled. Witnesses Dnyandeo Nagpure (PW2) and others intervened. The victim was taken to the hospital, where she died on 01.12.1995. The post-mortem revealed fractures of the right clavicle and ribs, which were grievous injuries. The trial court found that the injuries were not sufficient to cause death in the ordinary course of nature, thus acquitting the appellant under Section 302 IPC but convicting him under Section 325 IPC. The state did not appeal against the acquittal. The appellant challenged the conviction, arguing that the evidence was insufficient and that the injuries were not grievous. The High Court examined the evidence, including the testimony of eyewitnesses PW1 and PW2, and the medical evidence of Dr. Suryawanshi (PW4), who confirmed the fractures. The court held that the medical evidence corroborated the ocular testimony, and the fractures constituted grievous hurt under Section 320 IPC. The court found no reason to interfere with the trial court's findings and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Voluntarily Causing Grievous Hurt - Section 325 Indian Penal Code, 1860 - Conviction for causing grievous hurt to a crippled sister - The appellant was convicted under Section 325 IPC for beating his crippled sister, causing fracture of clavicle and ribs, which constitutes grievous hurt. The court held that the medical evidence corroborated the ocular testimony of witnesses, and the conviction was sustainable. (Paras 1-10) B) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Acquittal of murder charge - The trial court acquitted the appellant of murder under Section 302 IPC, and the state did not appeal. The High Court upheld the acquittal, noting that the injuries were not sufficient in the ordinary course of nature to cause death. (Paras 1-2) C) Evidence - Medical Evidence - Corroboration of Ocular Testimony - The medical evidence of fracture of clavicle and ribs corroborated the testimony of eyewitnesses that the appellant beat the victim on the chest and face. The court relied on the medical certificate and the evidence of the doctor. (Paras 5-8)
Issue of Consideration
Whether the conviction of the appellant under Section 325 of the Indian Penal Code, 1860 for voluntarily causing grievous hurt to his crippled sister is sustainable on the basis of the evidence on record.
Final Decision
Appeal dismissed. Conviction under Section 325 IPC and sentence of four years rigorous imprisonment and fine of Rs.5000 upheld.
Law Points
- Section 325 IPC
- Voluntarily causing grievous hurt
- Fracture of clavicle and ribs constitutes grievous hurt
- Medical evidence corroborates ocular testimony
- Conviction under Section 325 IPC sustainable even if Section 302 IPC not proved
