Date of decision : 24-01-2023 | Case Number : CRIMINAL APPEAL/2025/2022 |
Judge Name: KRISHNA MURARI,S. RAVINDRA BHAT
SUPREME COURT OF INDIA
To determine the culpability of appellants whether they are guilty for the offence of murder, punishable under Section 302, or whether they are criminally liable under the less severe
Section 304, IPC, several previous judgements of this Court may be relied upon. [Paras 15 and 16]
Relied On
- Virsa Singh v. State of Punjab [1958] SCR 1495;
- State of Andhra Pradesh v. Rayavarapu Punnayya & Anr.
[1977] SCR 1 601 - Pulicherla Nagaraju @ Nagaraja Reddy v. State of Andhra Pradesh (2006) 11
SCC 444 : [2006] 4 Suppl. SCR 633
Several judgments emphasize that a lapse of time, (between the attack and death) would not per se constitute a determinative factor as to diminish the offenderโs liability from the offence of murder to that of culpable homicide, not amounting to murder. There can be no stereotypical assumption or formula that where death occurs after a lapse of some time, the injuries (which might have caused the death), the offence is one of culpable homicide. Every case has its unique fact situation. However, what is important is the nature of injury, and whether it is sufficient in the ordinary course to lead to death. [Para 25 and 26]
- Om Parkash v. State of Punjab, [1992] 3 SCR 921;
- Patel Hiralal Joitaram v. State of Gujarat 2002 (1) SCC 22 : [2001] 4 Suppl. SCR 378
- Sudershan Kumar v. State of Delhi, 1975 (3) SCC 831 : [1975] 2 SCR 520
There can be no stereotypical assumption or formula that where death occurs after a lapse of some time, the injuries (which might have caused the death), the offence is one of culpable homicide. Every case has its unique fact situation. However, what is important is the nature of injury, and whether it is sufficient in the ordinary course to lead to death. The adequacy or otherwise of medical attention is not a relevant factor in this case, because the doctor who conducted the post-mortem clearly deposed that death was caused due to cardio respiratory failures, as a result of the injuries inflicted upon the deceased. Thus, the injuries and the death were closely and directly linked.
