NDLI: Yashwant Etc. Vs. The State of Maharashtra

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Penal Code 1860
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Penal Code, 1860 – ss.302, 304 and ss.330,354,355, 342 r/w. s.34 – Prosecution case was that the police officials took victiminto custody in order to extract information regarding a ‘loot’ in ahotel – It was alleged that police officials caused injuries to thevictim in furtherance of extracting confession which led to his deathin police custody – Trial Court acquitted all accused police officials(A-1 to 10) u/s. 302 of IPC but convicted them u/ss.330, 354, 355,342 r/w.34 of IPC – High Court acquitted (A-1 to 9) of the offencespunishable u/ss.354,355, 342 r/w.34 of IPC, however, upheld theirconviction u/s.330 of IPC and acquitted A-10 of all the offences –Consequently, accused (A-1 to 9) were sentenced to rigorousimprisonment for three years u/s.330 of IPC – In appeal beforeSupreme Court , State sought to press for charges u/s.304 Part-II ofIPC, in case s.302 of IPC was not made out – Meanwhile A-1 passedaway – Held: Both Courts below had taken a concurrent view thatthe crime did not amount to culpable homicide as the cause of deathwas asphyxiation and there was nothing on record to prove that theinjuries were the cause of the death – It was on record that injuriesnoted in the post mortem indicated that the nature of these injurieswere not grievous – Rather, it was a case wherein victim-deceaseddied of asphyxiation due to contents of his vomit, hours later fromthe time when the injury was inflicted, which was an independentreason for cause of death – The casual link between the injuriescaused to the deceased by the erring officers and the death was notconnected, therefore, s.299 of IPC not attracted – Accordingly, thereis no question of attracting s.302 or s.304 IPC – As police in thiscase are violators of law, who had primary responsibility to protectand uphold law, therefore, the term of sentence of A-2 to A-9 modifiedto the maximum imposable period u/s.330 of IPC i.e., seven yearsof rigorous imprisonment.Penal Code, 1860 – s.299 – Culpable homicide – Held:Causation is an important ingredient to determine as to whether aperson commits culpable homicide in the first place – Causationsimply means “causal relationship between conduct and result” –s.299 indicates two types of causations, one the factual causationand the second the legal causation – Coming to the factual causation,it is a matter of fact as to whether the action of the accused causeddeath of the person – But the second aspect concerns itself, whetherthe death can be sufficiently imputed to the accused’s action asbeing responsible legally.Maxim – Falsus in uno, falsus in omnibus – discussed.Doctrines/Principles – Principle of ‘Take their victim as theyfind them’ – discussed.
Judge	Honble Mr. Justice N.V. Ramana
Neutral Citation	2018 INSC 777
Petitioner	Yashwant Etc.
Respondent	The State Of Maharashtra
SCR	[2018] 12 S.C.R. 654
Judgement Date	2008-09-04
Case Number	385-386

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