Imprudent Act Of Fatal Assault On 60-Year-Old Mother: Karnataka HC Convicts Son For Intestinal Tear Leading To Mother's Death
|Karnataka High Court has convicted a son under Section 304 Part II of the IPC for the fatal assault on his 60-year-old mother which resulted in an intestinal tear leading to her death.
Although the evidence showed that the son had no intention to murder his mother, the Bench reversed the order of acquittal holding that “he indulged into an imprudent act of assault on his own mother aged 60 years in such a fatal manner causing intestinal tear which led to her death.”
A Division Bench of Justice K.S. Mudagal and Justice T.G. Shivashankare Gowda observed, “The holistic appreciation of the evidence shows that the prosecution discharged its burden of proving that the victim suffered injuries due to the assault by the accused which led to her death. The appreciation of the evidence by the Trial Court is contrary to the material on record, circumstances of the case and the judgments of the Hon'ble Supreme Court referred to supra. Hence the same is perverse or patently illegal.”
HCGP Thejas P. represented the appellant, while Advocate Padmavathi N. appeared for the respondent.
The mother was severely beaten by the son with a club after she admonished him for his waywardness. The prosecution had alleged that the son due to his addiction to alcohol was not working and had become a burden to his parents.
The key piece of evidence in the case was Gangamma's dying declaration as recorded by a police constable at the hospital. Despite her condition, the declaration named her son as the assailant. However, the trial court acquitted the son holding that since the prosecution had failed to prove that the victim was in a fit condition to give a statement, the charge against the son was not proved beyond reasonable doubt.
The High Court clarified that The trial court committed an error in disbelieving the dying declaration only on the ground that the fitness of the victim was not certified. “The deceased is none else but the mother of the accused. She had no reason to falsely implicate him in the case,” the Court added.
The Court reiterated that “when an assault or death takes place in four walls of the house, the inmates of the house have the duty to explain the same. It was also observed that no member of the family, even if the witness to the crime, would depose against another family member and the neighbours are also reluctant to give evidence in such cases.”
Upon further examination, the Bench addressed the son’s argument that his mother’s injuries resulted from her alleged alcoholism rather than the assault. The Court found no credible evidence supporting this theory, particularly given the medical records indicating physical trauma consistent with an assault.
“There were contusions in her large intestine also. Such acts of the accused attract the offence prescribed in the Second part of Section 304 I.P.C. and not Section 302 I.P.C. Therefore, the impugned judgment and order of total acquittal suffers patent illegality and perversity,” the Court held.
Accordingly, the High Court partly allowed the appeal.
Cause Title: The State of Karnataka v. Anil N. B (Neutral Citation: 2024:KHC:16651-DB)
Appearance:
Appellant: HCGP Thejas P.
Respondent: Advocate Padmavathi N.