JUGUT RAM v. THE STATE OF CHHATTISGARH

1140 [2020] 6 S.C.R. JUGUT RAM v. THE STATE OF CHHATTISGARH (Criminal Appeal No. 616 of 2020) SEPTEMBER 16, 2020 [R. F. NARIMAN, NAVIN SINHA AND INDIRA BANERJEE, JJ.] Penal Code, 1860: s. 304 (Part II) – Assault by Lathi – Resulting in death of the victim after one day – Conviction u/s. 302 IPC and life imprisonment by Courts below – Appeal to Supreme Court – Held: ‘Lathi’ is a common item carried by a villager – It cannot be called a weapon of assault simpliciter – In the case of an assault by ‘lathi’, it has to be ascertained whether there was intention or knowledge – The circumstances, manner of assault, nature and number of injuries will have to be considered cumulatively to decipher the intention or knowledge as the case may be – In the facts of the present case, conviction is altered to one u/s. 304 (Part II) – Accused since has already undergone maximum period of sentence, is directed to be set at liberty. Allowing the appeal, the Court HELD:

A lathi is a common item carried by a villager in this country, linked to his identity. The fact that it is also capable of being used as a weapon of assault, does not make it a weapon of assault simpliciter. In a case like the present, of an assault on the head with a lathi, it is always a question fact in each case whether there was intention to cause death or only knowledge that death was likely to occur. The circumstances, manner of assault, nature and number of injuries will all have to be considered cumulatively to decipher the intention or knowledge as the case may be. [Para 7][1142-G-H; 1143-A]

Accordingly the conviction of the appellant is altered from Section 302 IPC to Section 304 (Part II) IPC. The appellant is in custody since 2004. He has already undergone the maximum period of sentence prescribed under the same. The appellant is, 1140 JUGUT RAM v. THE STATE OF CHHATTISGARH 1141 therefore, directed to be set at liberty forthwith unless wanted in any other case. [Para 11][1144-E-F]