Unlawful Assembly Causing Multiple Head Injuries Attracts Section 302 IPC Under Section 149 IPC: Supreme Court Restores Murder Conviction

Held: The Supreme Court held that where members of an unlawful assembly deliberately obstructed the road, lay in wait, and inflicted repeated lathi blows including multiple bone-deep injuries on the vital head region of the deceased resulting in skull fracture and coma, the case squarely falls under Clause (3) of Section 300 IPC and attracts Section 302 read with Section 149 IPC. The High Court erred in altering the conviction to Section 304 Part II IPC on the premise that only a single injury caused death. Once the existence of an unlawful assembly and common object to inflict such bodily injury sufficient in the ordinary course of nature to cause death is established, individual attribution of the fatal blow becomes immaterial under Section 149 IPC.

Summary: The prosecution case arose from an incident where the deceased Bhaggu @ Bhag Chand and other injured witnesses were returning in a vehicle when the accused persons, belonging to the Gujar community, obstructed the road by placing tube-well pipes and launched a concerted assault with lathis. The deceased sustained 29 injuries, including multiple bone-deep lacerated wounds on the parietal and temporal regions, resulting in a linear skull fracture and coma. The trial court convicted the accused under Sections 148, 323/149, 325/149, and 302/149 IPC. In appeal, the High Court modified the conviction from Section 302 read with Section 149 IPC to Section 304 Part II read with Section 149 IPC, holding that death resulted from a single injury and that common object to commit murder was not proved. Before the Supreme Court, the appellants contended that the multiplicity of injuries, prior motive, deliberate road blockade, and repeated blows on vital parts established intention within Clause (3) of Section 300 IPC. The Court analysed the distinction between murder and culpable homicide with reference to Daya Nand v. State of Haryana and Virsa Singh v. State of Punjab, applied the principles governing common object under Section 149 IPC, and held that repeated forceful blows on the head with lathis resulting in skull fracture clearly demonstrated intention to inflict bodily injury sufficient in the ordinary course of nature to cause death. The Court also rejected the argument regarding non-examination of the doctor, noting that the post-mortem report had been admitted and could be read as substantive evidence.

Decision: The appeals were allowed, the High Court’s judgment altering the conviction to Section 304 Part II IPC was set aside, and the conviction and sentence imposed by the trial court under Section 302 read with Section 149 IPC were restored along with the other convictions, thereby reinstating life imprisonment awarded to the accused-respondents.