Judgement of the Day - Gudar Dusadh vs State of Bihar

By Akshay Sharma

Citation - AIR 1972 SC 952


One lathi blow was inflicted on the head of Ramlal Bhagat, who was aged about 65 years which proved to be fatal. While upholding the conviction under Section 302 of Indian Penal Code. died as a result of the assault during the course of the occurrence while his son Ramashish Prasad received injuries'. The case of the prosecution is that a day before the occurrence Prasadi Dusadh and Ganesh Dusadh killed a goat belonging to Baharan Bhagat. On the advice of Ramlal Bhagat deceased, Baharan Bhagat lodged a report with the police at 3 p.m. on that day. On the morning of August 14, 1965 Ramlal and his son Ramashish went to their paddy field. While they were returning from the field at about 11 a.m. they were assaulted by the six convicted persons who had been hiding on the route. The appellant gave a lathi blow on the head of Ramlal as a result of which the latter fell down and died at the spot. One of the companions of the appellant then shouted that the assault was made because of Ramlal being-responsible for the commencement of criminal proceedings by Baharan. Some injuries were also caused to Ramashish. The accused then set fire to one of their huts with a view to prepare some kind of defence.

Judgement :

H.R.Khanna, J observed as "The fact that the appellant gave only one blow on the head would not mitigate the offence of the appellant and make him guilty of the offence of culpable homicide not amounting to murder. The blow on the head of Ramlal with lathi was plainly given with some force and resulted in a 3" long fracture of the left parietal bone. Ramlal deceased died instantaneously and as such, there arose no occasion for giving a second blow to him. As the injury on the head was deliberate and not accidental and as the injury was sufficient in the ordinary course of nature to cause death, the case against the appellant would fall squarely within the ambit of clause "3rdly" of Section 300, Indian Penal Code"

Thus one lathi blow on head is sufficient is cause death.

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