It is well settled that in order to be called a murder, it needs to be culpable homicide in the first place, that is to say all murders are culpable homicides, but the vice versa may not true in all cases. Therefore, we need to ascertain whether a case of culpable homicide is made out herein in the first place. In this context, we need to observe Section 299 of Indian Penal Code at the outset-
299. Culpable homicide.-- Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
(Emphasis supplied)
17. As noted above, causation is an important ingredient to determine as to whether a person commits culpable homicide in the first place. Causation simply means "causal relationship between conduct and result". In this respect we need to assess whether the contentions of the parties could stand the scrutiny of the law of the land. Section 299 of Indian Penal Code indicates two types of causations, one the factual causation and the second the legal causation. Coming to the factual causation, it is a matter of fact as to whether the action of the Accused caused death of the person. But the second aspect concerns itself, whether the death can be sufficiently imputed to the accused's action as being responsible legally. In our considered opinion this case turns on the second leg of causal relationship wherein, could the injuries caused by the police officers be sufficiently imputed to be the cause of death of Joinus herein?
18. It is settled under common law wherein the principle of 'take their victim as they find them' is followed,1 meaning 'A person who does any act/omission which hastens the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person.' This principle has been expressly ingrained under the Explanation 1 to the Section 299 of Indian Penal Code. Without going into details on this aspect as this is not a case of multiple causation requiring us to consider the same, rather it is a case wherein the deceased died of asphyxiation due to contents of his vomit, hours later from the time when the injury was inflicted, which is an independent reason for cause of death herein.
19. As elucidated above, various other circumstances which disassociate the cause of death to the actions of the Appellant officers are available. It is on record that the injuries noted in the post-mortem report clearly indicate that the nature of these injuries were not grievous. The head injury noted does not show any internal fracture to the skull bone. Therefore, when, on facts, it is concurrently inferred by the courts below that the cause of death was due to asphyxiation, we do not see any reasons for accepting a different factual inference herein, as the same is not perverse.
20. Further, we agree with the reasoning of the High Court on the aspect that the PW-1 (Zarina) has not been completely honest in her statements. She has at times deposed over-zealously, thereby mandating us to be cautious in accepting her evidence. Further no witness has clearly deposed on the aspect of injuries and how they happened to be, except for blank statements that 'beatings were given to the deceased Joinus'. Further we may note that the surrounding circumstances also strengthen our conclusions such as firstly, the condition of the deceased was said to be good as per the statements of PW-21 (cell-inmate) and PW-42 (head constable) although he was suffering from tuberculosis, when he was admitted in the lock-up. Secondly, Joinus (deceased) was heavily inebriated when he was arrested and thirdly, the aspect of asphyxiation which is a significant cause to break the chain of causal link between the death of Joinus and the injuries inflicted by the Appellants herein.
21. As discussed above, the causal link between the injuries caused to the deceased by the erring officers and the death is not connected, therefore, Section 299 of Indian Penal Code is not attracted. Accordingly, there is no question of attracting Section 302 or 304 of Indian Penal Code.
22. In any case this Court in catena of cases has taken a view that, as regards the inference of facts, when two Courts have acquitted the Accused-Appellant of charges Under Section 302 of Indian Penal Code, then it would not be appropriate upon this Court to overturn the factual finding, unless the view taken by the lower courts is shown to be highly unlikely or unreasonable or perverse. Although the learned Counsel for the State has tried to argue that the cumulative effect of the injuries was responsible for the death, but the medical evidence itself, on the other hand affirms the high possibility of death due to asphyxiation. Further there is no material brought before us to portray that the courts below had taken a perverse view. In this light, when two reasonable views are possible, then reversal of concurrent acquittal would not be appropriate herein.
IN THE SUPREME COURT OF INDIA
Criminal Appeal Nos. 385-386, 299, 387-388 of 2008 and 182-187 of 2009
Decided On: 04.09.2018
Yashwant Vs. The State of Maharashtra
Hon'ble Judges/Coram:
N.V. Ramana and Mohan M. Shantanagoudar, JJ.
