,,,,,,,
,,,,,,,
feature of the mens rea required under “secondly†is the knowledge possessed by the offender regarding the particular victim being in such a,,,,,,,
peculiar condition or state of health that the internal harm caused to him is likely to be fatal, notwithstanding the fact that such harm would not in the",,,,,,,
ordinary way of nature be sufficient to cause death of a person in normal health or condition. In the absence of such a case for the prosecution, the",,,,,,,
case on hand would not fall under the head “secondly†of Section 300. If the case on hand would not fall under the head “secondlyâ€, the next",,,,,,,
aspect to be considered is whether the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death to bring the,,,,,,,
case under the category “thirdly†in Section 300 IPC, so that the act done by the appellant would amount to murder. It is well settled that the",,,,,,,
distinction between “a bodily injury likely to cause death†and “the bodily injury sufficient in the ordinary course of nature to cause death†is,,,,,,,
fine, but real and if overlooked, may result in miscarriage of justice. The difference lies in the degree of probability of death resulting from the intended",,,,,,,
bodily injury. To put it more broadly, it is the degree of probability of death which determines whether a culpable homicide is of gravest, medium or the",,,,,,,
lowest degree. The words “bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death†mean that death will,,,,,,,
be the most probable result of the injury, having regard to the ordinary course of nature.",,,,,,,
18. Reverting to the facts, according to us, the act of the accused in hitting down the victim using a wooden plank having a length of 30cm and 1.5cm",,,,,,,
which was used for holding lit candles, cannot be said to be an act intended to cause a bodily injury that would most probably result in the death of the",,,,,,,
person hit down, especially in the factual background of the case. In other words, it can certainly be construed as a case where chance of death is",,,,,,,
less when compared to chance of survival. If that be so, the act would only amount to culpable homicide not amounting to murder punishable under",,,,,,,
Part I of Section 304 IPC since the act is one which is done with the intention of causing such bodily injury as is likely to cause death. True, the",,,,,,,
opinion of the doctor who conducted the post mortem examination was that the injuries sustained by the victim on his head is sufficient in the ordinary,,,,,,,
course of nature to cause death. But, according to us, the said opinion shall not deter us in rendering a finding otherwise, since the evidence rendered",,,,,,,
by the doctor is only his opinion and the question whether the injury sustained by the victim is an injury which is sufficient in the ordinary course of,,,,,,,
nature to cause death is one to be decided by the court, having regard to the facts and circumstances of the case [See Shafeek v. State of Kerala,",,,,,,,
2024 KHC OnLine 445]. Needless to say, the conviction of the appellant under Section 302 IPC is liable to be converted to Section 304 Part I IPC.",,,,,,,
19. Coming to the sentence, having regard to the totality of the facts and circumstances of the case, we are of the view that rigorous imprisonment for",,,,,,,
a period of seven years and a fine of Rs.10,000/- and in default of payment of fine to undergo rigorous imprisonment for a period of six months, would",,,,,,,
be adequate punishment to the appellant for the offence found to have been committed by him namely the offence punishable under Part I of Section,,,,,,,
304 IPC.,,,,,,,
In the result, the appeal is allowed in part, altering the conviction of the accused under Section 302 IPC to Section 304 Part I IPC and he is sentenced",,,,,,,
to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.10,000/- and in default of payment of fine, to undergo simple",,,,,,,
imprisonment for a period of six months for the said offence.,,,,,,,
