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Head Note

Indian Penal Code,1860  - Section 114 , Section 302 , Section 307 , Section 427 , The Arms Act,1959  - Section 25 , Section 27

Appellant shot fire at deceased due to which he died - Trial Court acquitted both the appellants - Aggrieved on appeal by State, HC reversed the order of Trial Court and convicted appellant u/ss. 302, 427 IPC and u/ss. 25, 27 of the Act and Father of appellant was convicted u/s. 427 IPC - Hence instant appeals - Held, doctor opined that cause of death was because of shock but he nowhere stated that it was due to the injuries caused by appellant - True it was, that deceased died of shock but there was no evidence to show that the shock had occurred on account of the injuries caused by appellant - SC was in doubt as to whether the deceased suffered shock on account of injuries sustained by him - It was not shown that injuries found on the person of deceased were of such nature, which in ordinary course of nature could cause shock - Hence, SC was of the opinion that conviction of appellant u/s. 302 IPC could not be sustained - There was no evidence to show that it was the injury inflicted by appellant which was the cause of death - Conviction of appellant u/s. 302 IPC was set aside and altered to s. 307 of IPC - Appeal disposed of.

Topic(s)-Murder – Offence converted