Murder Case – Head Injury Is Vital; Mere Failure To Notice Fracture Won’t Take Case Out Of Sec 302 IPC
Case: State of UP vs Jai Dutt
Coram: Justices MR Shah and BV Nagarathna
Case No.: CrA 37 OF 2022
Court Observation: “One another reason given by the High Court to convert the conviction from Section 302 IPC to Section 326 IPC is 9 that no fracture on the head was found. However, it is required to be noted that the deceased died because of the internal injuries. As per the postmortem report and the medical evidence head injury is found. Head injury no.1 is reproduced hereinabove. As per the deposition of Dr. P.R. Mishra – PW8, who conducted the postmortem, on opening of the brain menages, he found brain congested, subdural hematoma over both temporal lobes. Therefore, merely because no fracture was noticed and/or found cannot take the case out of Section 302 IPC when the deceased died due to head injury no.1. As observed hereinabove causing injury on the head can be said to be causing injury on the vital part of the body and therefore a clear case of Section 302 IPC has been established and proved. Therefore, the learned trial Court rightly convicted the accused for the offences under Section 302 IPC and Section 302/34 IPC respectively”
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Keywords
Murder Case, Sec 302 IPC
