CASE LAW – BOINI MAHIPAL & ANR vs. STATE OF TELENGANA
Facts of the Case – In 2012 a F.I.R was filed by the petitioner before the Koheer Police Station stating that accused no.1 to 6 came to their house and assaulted Smt. Anjamma with hands. Accused no. 1 kicked in her stomach and she fall down on the ground. After that she was taken to the government hospital of Zaheerbad and after that Osmania hospital of Hyderabad. After some time the accused died because the treatment was not fruitful to her. A charge sheet was filed under section 302 read with section 34 of IPC. Session judge ordered under section 323 read with section 34 of IPC and ordered the rigorous punishment for 6 months under section 302 read with section 34 of IPC. And simple imprisonment for 2 years with one thousand fine. Accused no. 3 and 4 file an appeal before the High Court and the court dismissed the case on the date 11.01.2023.
After that A Criminal Appeal was file before the Supreme Court and argued that only accused no. 1 kicked in her stomach and the rest accused were not guilty of any offense. They were mere present there and only presentation is not a ground to form Common Intention under section 304 of the IPC. They also argued that no other relatives other than the deceased were hurt. No proof was given by the relatives of their treatment they only made some bald statement without any proofs. And the High Court also missed the differences with the testimonies of the witnesses and the judgment of the session court was based on the statement of the petitioner witnesses that accused no. 1 kicked the deceased and other were beating the other relatives but no proof was provided for the same.
Finally Supreme Court ordered that the conviction of the appellants under section 323 read with section 34 of IPC cannot be sustained. Supreme Court acquits the appellants.
Deciding Judge – S Ravindra Bhat & Arvind Kumar.
Written By – Nikita Soni, College Name – YCLC Law College, Pune, Semester – 7th Intern under Legal Vidhiya
0 Comments