Fatal chest-pressure assault without proven intent to kill attracts Section 304 Part II, not Section 302.

The appellant, the deceased’s husband, was convicted under Section 302 IPC and sentenced to life imprisonment with a fine after the Sessions Court found that he had caused her death.

The prosecution alleged that he had assaulted her after demanding money; she was later taken to a hospital by his father and died near its entrance.

The post-mortem examination recorded multiple rib fractures and injuries to the right lung and liver, which the doctor attributed to hard and blunt force.

On appeal, the High Court considered the evidence of the deceased’s brother and father, the appellant’s father, and the medical officer.

1. Whether the prosecution proved beyond reasonable doubt that the appellant caused the deceased’s fatal injuries, including through the alleged dying declaration.

2. Whether the proved circumstances established murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 Part II IPC.

The Court considered Sections 302 and 304 Part II IPC in determining whether the proved killing amounted to murder or culpable homicide not amounting to murder; it concluded that the evidence did not establish an intention to kill, while treating the case as falling under Section 304 Part II.

It also invoked Section 106 of the Indian Evidence Act, reasoning that the appellant was required to explain the fatal injuries sustained by the deceased while she was at the home where she lived with him.

The Court rejected the alleged dying declaration because the witnesses’ presence at the relevant time was uncertain, their accounts differed as to dates, and the appellant’s father—who took the deceased to the hospital—did not mention either the informant’s presence or any statement by the deceased.

It nevertheless found that the deceased had sustained severe injuries while at the home she shared with the appellant, that her death was homicidal, and that evidence of prior assaults and demands for money supported the prosecution case.

The Court also noted that the appellant denied being at home but did not explain where he was or how the injuries occurred.

Given the absence of a weapon and the medical evidence that chest pressure could have caused the rib fractures, the Court found no intention to commit murder and treated the offence as falling under Section 304 Part II IPC.

As the appellant had been in custody for more than 12 years, the sentence was reduced to the period already undergone, and he was ordered released forthwith unless required in another case.