Punjab & Haryana High Court Converts 304 Part II Conviction to Section 323 IPC; Finds No Evidence of Fatal Injury and Says Accused Lacked Knowledge of Deceased’s Heart Condition
Case Name: Mohan Singh and Another vs. State of Punjab
Date of Judgment: 02 December 2025
Citation: CRA-S-2104-SB-2004
Bench: Hon’ble Ms. Justice Aaradhna Sawhney
Held: The Punjab & Haryana High Court set aside the appellants’ conviction under Section 304 Part II IPC and substituted it with a conviction under Section 323 IPC, holding that the prosecution failed to establish that the assault caused the death of the 65-year-old deceased. The Court found that the post-mortem revealed no external injuries and confirmed death due to myocardial infarction. Since there was no evidence that the accused knew of the deceased’s heart ailment, the essential ingredient of “knowledge” under Section 304 Part II was absent.
Summary: The appellants were convicted for culpable homicide not amounting to murder after an altercation with the deceased over running an electric motor using batteries for irrigating mortgaged land. According to the prosecution, the first appellant struck the deceased with the wooden handle of a toka while the second appellant used a battery cell to hit him. The deceased reportedly collapsed and died at the spot. Two related eyewitnesses supported the prosecution version, while the defence questioned their credibility and emphasised inconsistencies and absence of independent witnesses.
The Court held that the related witnesses’ testimony could not be discarded solely due to relationship, but more crucially, the medical evidence did not corroborate the allegation of a fatal assault. The post-mortem showed no external or internal injuries except a thrombus in the left coronary artery, and the doctor categorically opined that the possibility of a heart attack being caused by a scuffle or hidden injury was “very remote.”
The Court concluded that while an altercation and some degree of assault did occur, the prosecution failed to prove that the assault caused the death or that the appellants knew their acts were likely to trigger a fatal cardiac event. The case thus fell outside the ambit of Section 304 Part II. Relying on Supreme Court precedents including Pirthi v. State of Haryana and Shivalingayya, the Court held that the appropriate offence made out was voluntarily causing hurt under Section 323 IPC.
Decision: The conviction was modified to Section 323 IPC. Considering the minor nature of the offence, the lapse of 23 years and the first appellant’s cardiac condition, both appellants were sentenced only to pay a fine of ₹1,000 each, with a default sentence of one month’s simple imprisonment. Compensation of ₹20,000 each under Section 357 CrPC was also imposed, payable to the complainant and surviving children of the deceased within one week.