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Supreme Court of India 2016-03-03 allowed

State of Rajasthan vs Poona Ram and Others

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

In this criminal appeal, the State of Rajasthan challenged the High Court's reduction of the accused persons' conviction from murder (Section 302 IPC) to death by negligence (Section 304-II IPC). Four men had assaulted a victim with lathis at night, causing 33 injuries including fatal head and lung injuries. The Supreme Court held the High Court erred in applying Section 304-II. Since the four accused jointly inflicted an indiscriminate, merciless assault that caused numerous fatal injuries, they should be convicted under Section 304-I (rash act causing death). The Court enhanced their sentence to eight years rigorous imprisonment plus Rs. 25,000 fine each, payable as compensation to the victim's heirs.

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Criminal Law Indian Penal Code Murder and Culpable Homicide Sentence Enhancement Joint Liability

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