Bombay High Court
Amol S/O. Dattatraya Choudante vs The State Of Maharashtra on 30 January, 2024
Author: R.G.Avachat
Bench: R.G.Avachat
2024:BHC-AUG:1984-DB
Cri. Appeal No.185.2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO.185 OF 2018
Amol s/o. Dattatraya Choudante,
Age : 23 years, Occ. Labour,
r/o. Bhimnagar, Mudkhed,
Dist. Nanded ..Appellant
Vs.
The State of Maharashtra ..Respondent
----
Mr.M.M.Parghane, Advocate for appellant
Mr.S.D.Ghayal, APP for respondent
----
CORAM : R.G.AVACHAT AND
NEERAJ P. DHOTE, JJ.
RESERVED ON : JANUARY 15, 2024
PRONOUNCED ON : JANUARY 30, 2024
JUDGMENT (PER R.G.AVACHAT, J.) :
-
This is an appeal against conviction. The appellant has
been convicted for the offence punishable under Section 302 of Indian
Penal Code and therefore, sentenced to suffer imprisonment for life
and to pay a fine of Rs.10,000/- with default stipulation, vide judgment
and order dated 22.01.2018, passed by learned Addl. Sessions Judge-5,
Nanded, in Sessions Case No.94 of 2014.
2. Learned counsel for the appellant would submit that it is
not an offence of murder. He adverts our attention to the cause of
death given in the post mortem report, as "septicemia in an
operated case of stab injury to abdomen". According to him, it may,
at the most, be an offence of attempt to commit murder or any
lesser offence. According to him, the appellant, at the relevant time,
was just 22 years of age. He is in jail since little over nine years and
six months. He, therefore, urged for disposing of this appeal with
appropriate orders.
3. Learned APP would, on the other hand, submit that the
appellant inflicted two knife-blows at the vital part of abdomen of the
deceased. The deceased died within eight days of the incident. The
cause of death is said to be "septicemia in an operated case of stab
injury to abdomen". Same is result of the fatal injury caused by the
appellant. He, therefore, urged for dismissal of the appeal.
4. In view of the submissions advanced by learned counsel
for the appellant, we need not refer to the evidence in extenso.
Suffice it to say that the appellant had assaulted the deceased with
knife. He gave two blows on the stomach and equal number of
blows in the back of the deceased on 09.05.2014.
5. The trial Court has recorded conviction relying on the FIR-
cum-dying declaration of the deceased. The incident took place on
09.05.2014 by little past 07.00 p.m. The appellant and the co-
accused (acquitted) had been to the front-yard of the house of the
deceased. All of a sudden, they mounted assaults. The appellant
wielded sharp weapon like knife.
6. The post mortem report (Exh.108) records the cause of
death - septicemia in an operated case of stab injury to abdomen.
PW 9 - Dr.Santosh had noticed following injuries on the person of the
deceased:-
1. Sutured wound present over right side of back
situated 12 cm. from shoulder tip and 13 cm. from
midline, oblique with lower angle medially, size 8 cm.
with 8 sutures in situ. On removal of sutures margin
partially adherent and clean cut and muscle deep.
2. Sutured wound present over right side of back
situated at lower angle of scapula and 2.5 cm. from
midline, of size 8 cm. in length with 6 sutures in situ.
On removal of sutures margins partially adherent,
clean cut and muscle deep. Wound was horizontally
placed.
3. Incise wound present at back at the level of T -
7 vertebra, horizontal, of size 4 cm. x 0.3 cm. x
subcutaneous tissue deep, margin clean cut.
4. Sutured wound present over right iliac region
situated 7 cm. from anterior superior iliac spine and 16
cm. from umbilicus, oblique with lower angle anterior,
of size 6 cm in length with five sutures in situ. On
removals of sutures margins partially adherent, sutures
present in layers of peritoneum.
5. Mid line laparotomy sutured wound present
over abdomen extending from 3.5 cm. below xiphoid
process in mid line, 23 cm. in length with 18 sutures in
situ, no oozing no gaping, margins partially adherent.
6. Punctured wound present over right lumbar
region 6 cm. above injury No.4, of size 1 cm. x 1 cm. x
cavity deep suggestive of surgical drain wound.
7. Abrasion present over right middle finger
knuckle, of size 1 x 0.5 cm. with brownish black scab.
8. Multiple intravenous injection marks present on
both forearms.
In view of PW 9 - Dr.Santosh, injury no.4 was sufficient to cause
death in the ordinary course of nature.
7. PW 10 - Dr.Kavita had examined the deceased soon after
the incident. She noticed stab injury on the back of the deceased.
Whereas, the police information letter on record indicates the
deceased to have suffered penetrative injury to his abdomen.
8. Admittedly, the Doctor, who had treated the deceased,
was not examined as witness. The incident is of 09.05.2014. The
victim breathed his last on 17.05.2014.
Septicemia In An Operated Case (literature from google) :-
Sepsis does not always happen after an operation. It
can occur as a result of another infection, a pressure
sore or other illness.
However, sepsis is a common post-operative
complication. This is because the patient will have an
open wound which is very vulnerable to infection.
The skin is a natural defence against bacteria. Once it
is cut open the body will immediately be more
susceptible to infection as the wound provides an
opportunity for the bacteria to get in.
Therefore sepsis happens after an operation because
bacteria infect the surgical wound. It may be that the
bacteria were present on a surgical instrument or tool.
Alternatively the bacteria occur naturally on the skin
and inside the body, and may infect the wound in this
way.
When the wound becomes infected, it must be treated
immediately. Otherwise the infection could get into
the bloodstream, leading to sepsis.
What is septic shock?
Septic shock is a serious medical condition that can
occur when an infection in body causes extremely low
blood pressure and organ failure due to sepsis. Septic
shock is life-threatening and requires immediate
medical treatment. It's the most severe stage of sepsis.
Septic shock is the last and most dangerous stage of
sepsis. Sepsis can be divided into three stages: sepsis,
severe sepsis and septic shock.
Sepsis: Sepsis is life-threatening. It happens when
immune system overreacts to an infection.
Severe sepsis: This is when sepsis causes organs to
malfunction. This is usually because of low blood
pressure, a result of inflammation throughout body.
Septic shock: Septic shock is the last stage of sepsis
and is defined by extremely low blood pressure, despite
lots of IV (intravenous) fluids.
Why does sepsis happen after an operation?
Sepsis does not always happen after an operation. It can
occur as a result of another infection, a pressure sore or
other illness.
However, sepsis is a common post-operative
complication. This is because the patient will have an
open wound which is very vulnerable to infection. The
skin is a natural defence against bacteria. Once it is cut
open the body will immediately be more susceptible to
infection as the wound provides an opportunity for the
bacteria to get in.
Therefore sepsis happens after an operation because
bacteria infect the surgical wound. It may be that the
bacteria were present on a surgical instrument or tool.
Alternatively the bacteria occur naturally on the skin
and inside the body, and may infect the wound in this
way.
When the wound becomes infected, it must be treated
immediately. Otherwise the infection could get into the
bloodstream, leading to sepsis.
9. Had the patient been not infected by septicemia, he
might have survived. Therefore, the cause of death cannot directly
be attributed to the assault made by the appellant. Since the blows
were given on the vital part of the body of deceased, same indicates
the appellant to have had intended to finish off the deceased. Since
the deceased died of septicemia to have developed post-operation,
we find it to be a case of the appellant committing the offence of
attempt to commit murder.
10. The appellant is behind the bars since little over nine
years and six months. Considering the same, we are inclined to
allow the appeal partly.
11. In the result, the following order:-
(i) The appeal is partly allowed.
(ii) The order of conviction and sentence dated 22.01.2018,
passed by learned Addl. Sessions Judge-5, Nanded, in Sessions Case
No.94 of 2014, convicting and sentencing the appellant for the
offence punishable under Section 302 of Indian Penal Code, is set
aside.
Instead, the appellant is convicted for the offence
punishable under Section 307 of Indian Penal Code and sentenced to
suffer rigorous imprisonment for nine years and to pay a fine of
Rs.10,000/- (Rupees Ten Thousand), in default, to suffer rigorous
imprisonment for six months.
(iii) The appellant is in jail since 17.05.2014. He be set at
liberty forthwith, if not required in any other case.
[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.]
KBP
