Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - s. 326134 - Assault causing grievous . injury - Victim admitted in hospital Penal Code |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 - s. 326134 - Assault causing grievous injury - Victim admitted in hospital - Death of victim after eighteen days - Accused convicted u/s. 3021149 and sentenced to various terms of imprisonment - Conviction upheld by High Court, however, sentence modified in one u/s. 304 (1) r/w s. 149 - On appeal held: Medical evidence reveals that at the very initial stage the doctors did not realize the gravity of the situation as they had seen only one external injury on the buttocks of the deceased and did not even look at the possibility that some internal injuries too could have been caused considering the manner of the attack - The doctors tried to cover their indifference and negligence by deposing that the death could be attributed to the injury caused to the abdominal organs - However, it cannot be ruled out that had the doctors been a little vigilant during the 20 days when the deceased was admitted to the hospital, the deceased could have been saved - Though the eye witnesses stated that injuries had been caused not only by the fist blows but by the beating with the iron rods as we// but their depositions not supported by the medical reports which reflect only an injury on the buttocks - Thus, accused liable to be convicted u/s. 326134 and not u/s. 304(1) read with s. 149. To meet the ends of justice, sentence of the accused reduced to the period already undergone by them. |
Judge | N/A |
Neutral Citation | 2011 INSC 160 |
Petitioner | Tukaram & Ors. |
Respondent | State Of Maharashtra |
SCR | [2011] 3 S.C.R. 237 |
Judgement Date | 2011-02-24 |
Case Number | 902 |
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