Sanjay Vs. State of U.P.
Indian Penal Code,1860 - Section 302 , Section 307 , Section 34 , Section 452
Common Intention - Conviction - Sentence - Plea that it was only 'N' who fired at deceased 'R' at his head, appellant-'S' fired on PW-2 on her neck, stomach and leg and he could not have been convicted for causing death of 'R' under Section 302 IPC read with Section 34 IPC repelled - Held that common intention of the appellants is to be gathered from the manner in which the crime has been committed - Both the appellants came together armed with firearms in the wee hours indiscriminately fired from their countrymade pistols at 'R'-deceased and 'S'-PW-2 respectively - Conduct of the appellants and the manner in which the crime has been committed is sufficient to attract Section 34 IPC as both the appellants acted in furtherance of common intention - Conviction of the appellant-'S' under Section 302 IPC read with Section 34 IPC is modified to conviction under Section 304 Part I IPC.
Injured Witness - Testimony of - PWs 1 and 2 have consistently spoken about the overt act of the appellants - PW-2 is an injured witness and her version stands on a higher footing - Testimony of the injured witness coupled with the fact that the complaint was promptly lodged by the complainant within one and half hours of the incident lends assurance to the prosecution case - Prosecution version held unassailable.
Offence Converted - Nature of offence - Death occurred sixty two days after the occurrence due to septicaemia and it was indirectly due to the injuries sustained by the deceased - Proximate cause of death on 13.10.1998 was septicaemia which of course was due to the injuries caused in the incident on 11.08.1998 - As per the evidence of Dr. -PW-9, deceased 'R' was discharged from the hospital in good condition and he survived for sixty two days - No opinion was elicited either from Dr.-PW-9 or from Dr.- PW-3 that the head injury sustained by the deceased was sufficient in the ordinary course of nature to cause death - Having regard to the fact that 'R' survived for sixty two days and that his condition was stable when he was discharged from the hospital, the court cannot draw an inference that the intended injury caused was sufficient in the ordinary course of nature to cause death so as to attract clause (3) of Section 300 IPC - Appellants used firearms countrymade pistol and fired at 'R' at his head and the accused had the intention of causing such bodily injury as is likely to cause death - As the bullet injury was on the head, vital organ, second appellant intended of causing such bodily injury and therefore conviction of the appellant is altered from Section 302 IPC to Section 304 Part I IPC.
Topic(s)-Murder - Offence converted to IPC to Section 304 Part I IPC