A Complaint dated 13.04.2012 at 8:10 a.m was filed with the Koheer Police Station, Telangana, stating that on 08.04.20I2 at 9.00 p.m, accused 1-6 came to the Complainant’s house, physically assaulted his Mother, (Deceased), A1 further kicked forcefully on her stomach, due to which, she fell on ground and subsequently died in the hospital on 12.04.2012 at 9.00 p.m. Based on the aforesaid Complaint, the Police registered an FIR against the Accused 1 to 6 in Crime No. 21 of 2012 for the offences punishable under Sections 302 of the Indian Penal Code, 1860 (IPC) (Punishment for murder), 323 IPC (Punishment for voluntarily causing hurt), 504 IPC, (Intentional insult with intent to provoke breach of the peace) read with Section 34 IPC (Acts done by several persons in furtherance of a common intention), and took up the investigation.
Further, the statement deposed by Prosecution Witnesses is the consistent stand that Accused No. 1 had kicked the Deceased on her stomach. held that the Prosecution failed to establish the offence of assault, voluntarily causing hurt, etc against the Appellants-Accused 4-6 in respect of the Deceased and the alleged injuries sustained by family members of the Deceased. Thus, such submissions made by the Deceased’s family members were held as mere bald statements without proof. Hence, the Appellants 4-6 were acquitted.
[Boini Mahipal v. State of Telangana, (2023) 8 SCC 398]
Case Comment: The prosecution failed to drive home the guilt of the accused beyond reasonable doubt for the simple reason that courts below had found that evidence tendered by the prosecution did not clearly establish two facts namely: (1) The appellants herein having assaulted the deceased; (2) The alleged injuries sustained by PW-2 to 5 had remained as a bald statement without proof. In the absence of any incriminating material or other corroborative evidence pointing the participation of appellants-accused in the incident, the conviction of appellants under Section 323 read with Section 34 of IPC cannot be sustained.
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