DHUPA CHAMAR AND ORS. versus STATE OF BIHAR

DHUPA CHAMAR AND ORS. versus STATE OF BIHAR

Where an accused intentionally inflicts a bodily injury that is sufficient in the ordinary course of nature to cause death, Clause thirdly of Section 300 IPC is attracted, regardless of whether the injury is solitary. Conviction under Section 302 IPC was upheld for appellant No.1. Conviction under Section 302/149 IPC for appellants No.2-4 was set aside because, after acquittal of three accused, no unlawful assembly remained as per Section 149 IPC.

Parties
Appellant No.1: Dhupa Chamar; Appellant No.2: Tokha Chamar; Appellant No.3: Doma Chamar; Appellant No.4: Adalat Chamar; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
02 August 2002
Procedural Posture
Criminal Appeal / Supreme Court Hearing on Appeals Against Conviction and Sentence
Outcome
Appeal of appellant No.1 dismissed; appeals of appellant Nos.2, 3, and 4 partly allowed.
Legal Topics
Murder, Unlawful Assembly, Intent and Causation, Section 300 Clause Thirdly, Single Blow Cases
Criminal Law Murder Unlawful Assembly Intent and Causation Section 300 Clause Thirdly Single Blow Cases

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Parties

Dhupa Chamar

Appellant No.1

Tokha Chamar

Appellant No.2

Doma Chamar

Appellant No.3

Adalat Chamar

Appellant No.4

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Hearing on Appeals Against Conviction and Sentence

Legal Issues

  1. 1 Whether a single blow resulting in death attracts Clause thirdly of Section 300 IPC and constitutes murder.
  2. 2 Whether conviction under Section 302/149 IPC is sustainable when fewer than five accused remain after acquittals.

Ratio Decidendi

Where an accused intentionally inflicts a bodily injury that is sufficient in the ordinary course of nature to cause death, Clause thirdly of Section 300 IPC is attracted, regardless of whether the injury is solitary. Conviction under Section 302 IPC was upheld for appellant No.1. Conviction under Section 302/149 IPC for appellants No.2-4 was set aside because, after acquittal of three accused, no unlawful assembly remained as per Section 149 IPC.

Court Disposition

Appeal of appellant No.1 dismissed; appeals of appellant Nos.2, 3, and 4 partly allowed.

Orders

  • Appellant No.1's conviction under Section 302 IPC affirmed.
  • Appellant Nos.2, 3, and 4 acquitted of charge under Section 302/149 IPC; convictions and sentences under other sections confirmed.