Indian Penal Code, 1860
Section 302 read with Section 34—Murder—Conviction—Death of deceased took place after about 20 days of the incident—Circumstance that most of witnesses were related to the deceased does not per se exclude their testimony—Test of credibility or reliability when applied, is fully satisfied in respect of the strength of their testimonies—All material aspects of the factual accusations against appellants and how they attacked the deceased in an unprovoked manner, cannot be doubted—There was no “sudden quarrel”—Even if the facts are assumed to disclose that there was a sudden fight, it cannot be said that the accused failed to act in a cruel manner, or did not take undue advantage—Appellants were armed and they both attacked the deceased on the head, which is a vital part of the body—Apart from a long standing pre-existing dispute, what caused “sudden” provocation to the appellants, has not been shown by them—Neither did they lead any evidence, to fall within Exception 1, nor did the evidence on record substantiate such a contention—There can be no stereotypical assumption or formula that where death occurs after a lapse of some time, the injuries (which might have caused the death), the offence is one of culpable homicide—Every case has its unique fact situation—What is important is the nature of injury and whether it is sufficient in ordinary course to lead to death—Adequacy or otherwise of medical attention is not a relevant factor in this case, because the doctor who conducted the post-mortem clearly deposed that death was caused due to cardio respiratory failures, as a result of the injuries inflicted upon the deceased—Injuries and death were closely and directly linked—Conviction upheld.
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