State Rep.By Insp. of Police  INSC 605 (28 July 2010)
SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1501
OF 2010 (Arising out of SLP(Crl.)No. 7536/2009) MAYANDI Petitioner(s) VERSUS
STATE REP.BY INSP.OF POLICE Respondent(s) O R D E R Leave granted.
issued notice only with regard to the nature of the offence on 14th September
heard the learned counsel for both parties.
facts necessary for the disposal of this appeal are as under:
appellant was an employee working in the kitchen of Palmgrove Hotel, Chennai.
At about 6.15 a.m. on 8 th February 2005, the deceased Tr. Manickaraja Bala,
the Managing Director of the hotel, came to the store room for carrying out a
store check. As the deceased was returning to his office after checking the store,
the appellant -2- attacked him with a sickle which he had concealed on his
person. When the deceased tried to escape, the appellant made a further attack
on him and caused him several injuries on his body and on his hands as well.
PW.1-Tr. Raghavendran, PW.3-P.S.R. Aziri, PW.4-Tr. Pravin Padival who were
around the place came rushing to the rescue the deceased but the appellant
nevertheless ran away from the spot. PW.2, PW.4 and several others then took
the deceased to the Apollo hospital where he was admitted to the Intensive Care
A FIR was
thereafter recorded for an offence punishable under Sections 307 etc. of the
I.P.C. and on the death of the injured at about 3.30 a.m. on 9th February 2005
the case was altered to one under Section 302 etc. of the IPC.
Court on a consideration of the evidence convicted the appellant for an offence
punishable under Sections 302, 506 (II) and 341 of the IPC. This judgment was
maintained by the High Court as well. It is in this situation that the matter is
before us today.
R.Shunmugham Sundram, the learned senior counsel for the appellant has pointed
out that a bare perusal of the injuries, the post-mortem report and the
evidence of the Doctor would show that the injuries caused by the appellant
were not the cause of his death and he had in fact died of Myocardial
Infarction leading to heart failure. He -3- has further submitted that the fact
that the deceased was already a heart patient and had undergone angioplasty was
a fact not within the knowledge of the appellant and in this view of the matter
a case under Section 302 IPC was not spelt out.
Sunderavardan, the learned senior counsel for the respondent has however
pointed out that even assuming that the immediate cause of death was the Myocardial
Infarction and not the injuries caused to the deceased but in the light of the
admitted fact that the appellant was an employee of the hotel of which the
deceased was the Managing Director and that very severe injuries had indeed
been caused with a sickle, required that the appellant would be punishable
under Section 304 Part-I, IPC.
considered the arguments advanced by the learned counsel.
reproduce the injuries found on the dead body of the deceased at the time of
seen over left forearm and right forearm below right below. Elastocreps bandage
seen on top of left shoulder, Front of chest and back of chest.
Elastocreps bandage on the right side of the neck.
shoulder - on removal of plaster:
2 3 A
stapled sutured wound seen on the front of outer third of lest chest (crossing
top of the outer as aspect of the left shoulder) extending up to outer aspect
of back of left side chest. The total length is 16 cms. 1 A metallic wire is
seen on the outer aspect of the left shoulder - 4 cm long on removal of the
sutures (staples) the acromio-calvicular joint was fixed with a tension bank
surrounding soft tissues were found repaired 16 x 1.5 cm x bone deep.
2 3 2.
Right hand - curved sutured would seen over the right palm extending from the
volar aspect of the right wrist passing through the right thenar eminence
extending to the base of right thumb on the dorsal aspect. The total length is
removal of sutures the margins are regular - 2 3 On further dissection the
underlying muscles of the right thumb, nerves, blood vessels were found
repaired 18 x 3 cms.
4 5 3. A
sutured wound on the palmer aspect of the left thumb in the middle third,A
curved sutured would seen over the left thenar eminence 6 cm Long. On removal
of the sutures the margins are clean out, the underlying muscles found repaired
6 x 2 cm x muscle deep.
6 7 HEART
8 An old vertical midline scar 18 cm Long seen in the midline of chest
extending down from the suprasternal notch. On opening the thorax the
underlying sternum was found sutured with stainless steel wire (old) on further
dissection the heart was found grossly enlarged with increase in pericardial
9 10 On
dissection of the heart massive atheromatous changes seen in the root of aorta.
Coronary artery bypass site made out and stend in situ. Heart sent for
Histopathological examination. Coronary vessels found narrowed."
also noted that the deceased had died due to complications arising out of
Myocardial infarction and admitted that in the post-mortem report there was no
suggestion that the death was a result of the injuries.
learned counsel has also brought to our notice the death summary (Ext.p.8)
which had been recorded in Apollo hospital by the attending Doctor (PW.8) who
stated that as the deceased had lost a great deal of blood as the blood vessels
had been cut and complications had arisen on account of his age (which was
about 70 years) and was already a heart patient, the cause of death was:
Artery disease :
Coronary Syndrome, Post Coronary Revascularisation status, practical post,
Coronary artery bypass and post stent. Post-hand surgery status and Diabetes
mellitus. Since he was already having heart disease bypass surgery had been
done to him. Afterwards heart trouble had occurred to him."
in mind the said facts the High Court observed that:
view of the above categorical evidence of PW.8 and PW.13, we are of the
considered view that though it had been stated in Post Mortem report that the
death was due to the -7- complications of Myocardial Infarction, such
complications is directly attributed to the injuries inflicted by the accused
which resulted in interruption of the free flow of the blood not only to the
various vital organs but also the heart and therefore the contention of the
learned Senior counsel for the accused is liable to be rejected and accordingly
the same is rejected."
considered the reasons given by the High Court and also considered the evidence
It is the
admitted fact that the Doctors have not opined that the death was caused due to
the injuries caused by the appellant. There is also no evidence to show that
the injuries could have independently caused the death of the deceased even if
the deceased had not been suffering from a heart problem. It is also the
conceded position that the deceased had a serious heart problem which was
matter not within the appellant's knowledge and on the contrary the medical
evidence reveals that he had undergone an angioplasty but had nevertheless
suffered a heart attack thereafter.
background the High Court's assertion that the death was occasioned by
complications on account of the injuries caused by the appellant is not quite
accurate. We are, therefore, of the opinion that the case would fall within
Section 326 of the IPC and not under Section 302 of the IPC thereof.
R. Sundravardan's argument that this matter would nevertheless fall within
Section 304 Part-I or Part -II of the IPC, is also rejected as there was no
intention on the part of appellant to cause the death of the deceased nor could
he be attributed with the knowledge that death would be caused.
accordingly partly allow this appeal, set aside the acquittal and conviction of
the appellant for the offence under Section 302 of the IPC, and alter his
conviction to one under Section 326 of the IPC and award a sentence of 10 years
R.I. and a fine of Rs.5,000/- and in default thereof, six months R.I. The
sentence under the other provisions of the IPC is maintained.
appeal is allowed in the above terms.
.................J. (HARJIT SINGH BEDI)
.................J. (C.K. PRASAD)
July 28, 2010.