Court name : The supreme court of India
Judgment Name : State of U.P Vs. Jai Dutt and Anr.
Judgment Date : January 19th, 2022
Judges/Bench : M.R. SHAH and B.V. NAGARATHNA
Introduction
Feeling aggrieved and dissatisfied with the impugned judgment and order dated 18.09.2019 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.8 70 of 1987, by which the High Court has allowed the said appeal in part and has converted the conviction of the accused from that of Section 302 read with Section 34 IPC.
Brief of the facts:
As per the case of the prosecution when the deceased was working in his agricultural field all the accused persons reached there and started abusing him. That the deceased was beaten by the accused persons. All the accused persons were having different weapons with them. All of them started beating the deceased resulting in a number of injuries and later considering his serious condition, he was taken to hospital at Lucknow where after about six days, he succumbed to the injuries. All the accused persons were charged and tried for the offences under Section 302 read with Section 34 of the IPC except accused no.1 Jai Dutt who was charged and tried for the offence punishable under Section 302 IPC.
Contentions of the Appellants:
Shri Rana Mukherjee, learned Senior Advocate appearing on behalf of the appellant – State has vehemently submitted that in the facts and circumstances of the case the High Court has materially erred in converting the conviction from Section 302 IPC to Section 326 IPC.
Contentions of the Respondents: Present appeal is vehemently opposed by Shri Salman Khurshid, learned Senior Advocate appearing for the respondents – accused. It is vehemently submitted by Shri Khurshid, learned Senior Advocate appearing for the accused that in the facts and circumstances of the case and having found no fracture on the head of the deceased and he died after six days of the incident and also, considering the fact that the injuries were not so serious and/or grave, the High Court has rightly acquitted the accused for the offence under Section 302 IPC and has rightly converted the same to Section 326 IPC.
Principals and observations of the court: As per the doctor the deceased died due to head injury no.1 . The aforesaid injuries more particularly head injury no.1 was fatal and because of said injuries the deceased died. Merely because the deceased died after six days could not have been the ground to set aside the conviction for the offence under Section 302 IPC and to convert it to Section 326 IPC.
Judgement Held: The judgment and order passed by the High Court acquitting the accused respondents Jai Dutt and Shastri for the offence under Section 302 IPC and Section 302/34 IPC respectively and convicting them for the offence under Section 326 IPC is hereby quashed and set aside. The judgment and order of the learned trial Court convicting the accused Jai Dutt for the offence punishable under Section 302 IPC and convicting the accused Shastri for the offence punishable under Section 302/34 IPC is hereby restored. The respondents – accused are sentenced to undergo life imprisonment with the fine as imposed by the learned trial Court.
My Opinion:
In my opinion I do agree with the decision of Supreme Court in restoring the decision made by trial court as all the facts in the case reflects the case of section 302/34 IPC given that the statement were Given by PW as well as the serious injuries on the head of the victim are proper evidence for the case.
Name of the writer – Aryan Bhardwaj
College – U.L.C Hazaribagh