Legal Provisions Involved: Sections 148, 149, 302, 304, 323, 325 of the Indian Penal Code, 1860
Judgement by: Supreme Court of India
Judge/Bench: Justice Sanjay Karol and Justice Sandeep Mehta
Facts
The deceased was returning from Bhatera Ghat when the road was deliberately obstructed by placing tube-well pipes. An unlawful assembly of eighteen accused persons, armed with lathis, assaulted him and others. Earlier that day, the deceased had intervened with the sons of accused, which provided the motive for retaliation.
Key Legal Provisions
Sections 148, 149, 302, 304, 323, 325 of the Indian Penal Code, 1860
Issues raised
- Whether the offence constituted murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 IPC?
- Whether vicarious liability under Section 149 IPC could be negated by non-identification of the individual who inflicted the fatal blow?
Arguments of the case
The Appellant argued that the assault was premeditated and retaliatory; twenty-nine injuries including multiple head injuries demonstrated intent to cause death and Section 149 IPC fastens vicarious liability irrespective of individual attribution of the fatal blow. The Respondent on the other hand argued that common object was merely to chastise; only one injury caused death; weapons were lathis and not deadly per se.
Judgement
The Court held that multiple bone-deep injuries on the skull demonstrated intent sufficient to attract Clause (3) of Section 300 IPC, and Section 149 renders individual attribution of the fatal blow irrelevant.
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