LI Network
Published on: February 13, 2024 at 15:59 IST
The Allahabad High Court has recently modified the conviction of an individual, changing it from ‘murder’ under Section 302 IPC to ‘voluntarily causing grievous hurt’ under Section 325 IPC.
The Court’s decision was based on the observation that the injury caused by the accused, who threw a piece of brick at the victim, could not be categorized as an injury likely to cause death.
Justice Rajan Roy and Justice Jyotsna Sharma, presiding over the case, emphasized the importance of establishing the accused’s intention or knowledge of the consequences of their actions.
The Court asserted that if the accused lacked awareness of the direct consequences or the higher probability of the act leading to severe injuries or death, the offense may fall under Section 323, 324, or 325 IPC.
The case originated from an incident on June 29, 1981, where the accused persons, Durga Prasad and Bhawani Prasad, threw bricks at the victim, Babu Lal Sharma, resulting in fatal injuries.
Initially filed as a Non-Cognizable Report (NCR) under Section 323 IPC, the case was later converted to a murder charge under Section 302 IPC after the victim succumbed to his injuries.
During the trial, the accused were found guilty and convicted in 1989, but Durga Prasad challenged the verdict, leading to the recent High Court decision.
The High Court, in its observations, considered factors such as the nature and extent of injuries, their location, and the absence of pre-meditation in the accused’s actions. Referring to medical reports and witness testimonies, the court concluded that the injury was caused by the throwing of brick pieces and not a result of slipping, as claimed by the defense.
The Court highlighted that the accused did not wield a weapon, and the act was not premeditated. It noted that a single injury caused by throwing a piece of brick, which is not a handheld weapon, cannot be classified as an injury likely to cause death.
The Court concluded that the accused demonstrated an intention to cause hurt or knowledge that grievous hurt could occur.
As a result, the conviction of Durga Prasad was altered from Section 302 read with Section 34 IPC to Section 325 read with Section 34 IPC.
The sentence was reduced to a term of three years and a fine of Rs. 30,000/-. The court’s decision, rendered in the case of Durga Prasad vs. State (Criminal Appeal No. 651 of 1989), reflects a nuanced approach to the interpretation of intent and consequences in criminal cases.