In this case, deceased was assaulted by three accused including appellant (A-2) who attacked deceased with wooden log on his head and pushed him down. The cause of death of the deceased was due to shock and haemorrhage on account of head injuries and due to subdural haematoma on the left frontal parietal region with left frontal intra cerebral haemorrhage, though deceased had also suffered rib injuries. A-1 attacked deceased who was lying on the ground using an iron pipe on his chest and A-3 attacked him with a wooden log on his chest and by giving fist-blow on his chest. High Court while acquitting A-1 and A-3 for offence under Ss. 302/34, convicted the appellant under S. 302, even though it held that the act of appellant was not done intentionally to cause the death of the deceased. Material also indicated that the appellant committed the offending act only with the knowledge that such act was likely to cause death. Resultantly, conviction of appellant altered from S. 302 to one under S. 304 Pt. II and, he sentenced to imprisonment for a term of 10 yrs’ RI. Since he has already undergone imprisonment for a longer time, he may be released immediately.

[Krishnamurthy v. State, (2022) 8 SCC 664]

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