Title: DURGA PRASAD V STATE OF HARYANA
Citation: CRIMINAL APPEAL NO. 651 OF 1989
Dated on: 6.2.2024
Corum: HON’BLE JUSTICE JYOTSNA SHARMA & JUSTICE RAJAN ROY
Facts of the case
In the present case the offender reportedly threw bricks at the victim. As a result of this incident, the victim suffered injuries that resulted to their death. The medical reports were vital in determining the nature and severity of the injuries. The court naturally weighed criteria such as the location of the injuries, their influence on the victim’s health, and any possible sequalae’s post-mortem examination revealed a linear fracture of the frontal, temporal, and occipital bones, as well as an accumulation of blood and the necessity to dig a hole to relieve the pressure created by the fluid that had collected in the skull. The doctor determined that the injuries were adequate to induce death. According to witness testimony and the prosecution’s account, the deceased was in an altercation with the accused individuals, during which bricks were thrown, resulting in the injuries. The accused individuals denied causing the injuries, claiming that the deceased fell down after slipping in his house.
Legal Provision
The accused in the present case has been charged with sec 302 read with sec 34 of IPC for the offence of murder and criminal act done by serval persons under common intention. Both the appellants were penalised with the charges for allegedly causing the death of the victim by throwing lathi/bricks and stones at him during a fight
Court analysis and judgement
The Hon’ble HC after considering the facts and several precedents instated that the order of the trial court to award the accused for a life imprisonment under the charges of sec 302 and sec 34 of IPC to be modified to sec 325(voluntarily causing grievous hurt) and 34 of IPC The court took into account all relevant facts and circumstances while making its ruling. It was determined that the accused lacked the intent or knowledge to cause death, but meant to cause grievous harm. Consequently, the sentence was reduced to three years imprisonment and a fine of Rs. 30,000/ and the 25,000 out of the amount must go the son of the deceased as compensation.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Namitha Ramesh
