Shri Harendra Nath Borah vs State Of Assam

The deceased became senseless and the police left him on the road and returned to the police station. It was further alleged that the deceased was brought to the Pasighat General Hospital for treatment. On 28.9.2000, he was referred to Dibugarh for treatment and on 29.9.2000 on way to the hospital his condition became serious and he died while being brought to Pasighat.

The aforesaid information was registered. The investigation was undertaken and charge sheet was placed. The accused was absconding and, therefore, no test identification parade could be held. On conclusion of investigation, the Investigating Officer submitted the charge sheet indicating commission of offence punishable under Section 302 IPC. Charge was framed after he was arrested. In order to substantiate its accusations 16 witnesses were examined. The accused pleaded innocence. On analysis of the evidence tendered, the Trial Court found the accused guilty and convicted and sentenced as aforesaid. An appeal was preferred before the High Court. The main stand of the accused-appellant was that the evidence of the eye witnesses cannot be relied upon as there was delay in lodging the FIR, and conviction was vitiated. Further no sanction was obtained as required under Section 197 of the Code of Criminal Procedure, 1973 (in short the 'Code'). The stand of the respondent-State on the other hand was that the evidence of PWs. 5, 6 and 7 had clearly established the accusations. It was submitted that the deceased was assaulted without any fault on his part. Further, it was pointed out that since the appellant, a police personnel was involved there was effort on the part of the other officials not to accept the information given and ultimately the grievance was made before the Superintendent of Police. The High Court found that the evidence of the three witnesses who were stated to be eye witnesses left no manner of doubt that the accused was guilty. Therefore, the appeal was dismissed.

First, it must establish, quite objectively, that a bodily injury is present.

Once these three elements are proved to be present, the enquiry proceeds further and, Fourthly, it must be proved that the injury of the type just described made up of the three elements set out above is sufficient to cause death in the ordinary course of nature. This part of the enquiry is purely objective and inferential and has nothing to do with the intention of the offender."

The above are only broad guidelines and not cast iron imperatives. In most cases, their observance will facilitate the task of the Court. But sometimes the facts are so intertwined and the second and the third stages so telescoped into each other that it may not be convenient to give a separate treatment to the matters involved in the second and third stages.

When the factual background of the case is analysed on the touchstone of principles set out above, the inevitable conclusion is that the case at hand is not covered under Section 302 IPC and on the other hand the case is covered under Section 304 Part I IPC. The conviction is accordingly altered. Custodial sentence of 10 years would meet the ends of justice.

The appeal is allowed to the aforesaid extent.