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Grievous injury causing death of a person caused due to grave and sudden provocation falls within th

Ananta Kamiliya v. State of West Bengal, CRIMINAL APPEAL NO. 1930 OF 2019  07th January, 2020

CORAM: A two judge bench of the Supreme Court comprising of Justice Ashok Bhushan and Justice M. R. Shah.

It was held that: “Grievous injury causing the death of a person caused in the spur of a moment in an altercation falls within the ambit of Exception 4 of Sec. 300 of Indian Penal Code.”

Appellant contention:

Learned Counsel submitted that there was no intention on the part of the accused to cause the very injury which ultimately led to the death of the deceased. It was further submitted that there was a single injury inflicted on the deceased after some altercation. It was submitted that even the accused did not bring any weapon/lathi and on the spur of the moment and during the altercation, he caused the injury on the deceased by lathi which was lying there. It was submitted that the offence falls within the ambit of Exception 4 to Section 300 IPC.

Respondent Contentions:

The State while supporting the impugned judgment and order passed by the High Court has submitted that the injury caused by the accused has been proved to be fatal and that even in the case of a single blow, considering the nature of the injury and if the single blow is caused on the vital part of the body, it would be a case under Section 302 IPC considering Exception 4 to Section 300 IPC.

Observation:

The Hon’ble Supreme Court held that:

From the perusal of the record and even the findings recorded by the learned Trial Court and the High Court, it appears that the incident has taken place on the spur of the moment. It has also come on record that when the accused came to the place of the incident, he did not carry any lathi and/or any other weapon. It was only after some altercation and on the spur of the moment, the accused gave a lathi blow on the head of the deceased and the deceased sustained the injury and there was a fracture on his head. Despite fracture injury on his head, the deceased was conscious. The deceased was first taken to the police station. Thereafter, he was taken to Patashpur Public Health Center; thereafter he was taken to another hospital – Egra Hospital for better treatment; thereafter he was transferred to Midnapur (Paschim) Hospital; thereafter he was shifted to P.G. Hospital, Kolkata. After a few days, he was removed to Ramchandra Bhanja Medical College, Cuttack, Orissa and thereafter he died. The aforesaid shows the gravity of injury. It is true that the deceased died because of the injuries caused by the accused.

However, there does not appear any intention on the part of the accused to cause the very injury which ultimately led to the death of the deceased. Therefore, the case would fall under Exception 4 to Section 300 IPC.

Therefore the Court partly allowed the appeal.

View/ Download the Judgment: Ananta Kamiliya v. State of West Bengal

–  Vignesh Hariharan. R

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