HEAD INJURY IS VITAL; MERE FAILURE TO NOTICE FRACTURE WON’T TAKE CASE OUT OF SEC 302 IPC: SUPREME COURT The Supreme Court observed that the injury on the head can be said to be causing injury on the vital part of the body for attracting Section 302 IPC (Murder). In this case, the accused were convicted under Section 302 IPC by the Trial Court. The Allahabad High Court modified the conviction to Section 326 IPC (Grievous hurt by dangerous weapons or means). The High Court had noted that the deceased died after six days and that no fracture on the head of the deceased was found. The Apex Court contended that the reasoning given by the High Court is perverse. The Supreme Court noted that the High Court did not consider the injuries mentioned in the postmortem report which mentioned that the head injury was fatal and because of said injuries the deceased died. Merely because the deceased died after six days could not have been the ground to set aside the conviction for the offence under Section 302 IPC (Murder) and to convert it to Section 326 IPC (Grievous hurt by dangerous weapons or means). The Supreme Court restored the Trial Court judgement convicting the accused for the offence punishable under Section 302 IPC. With a team of Law experts, Reddy & amp; Reddy Law Firm has extensive experience and involvement in legal disputes. We are regularly involved in representation in the district and high courts in India.
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