Whether offence U/S 302 of IPC will be attracted if a person is injured by fist and kick blows and he died after two days due to cardiac arrest?

 Under the Indian Penal Code (IPC), Section 302 deals with the punishment for murder. For an act to fall under Section 302, it must be established that the accused had the intention to cause death or that the injury inflicted was sufficient in the ordinary course of nature to cause death.

Key Considerations for Section 302 IPC:

1. Intention or Knowledge: There must be an intention to cause death or the knowledge that the act is likely to cause death.
2. Nature of the Act: The act must be done with the intention of causing death or with the knowledge that it is likely to cause death.
3. Direct Link to Death: The death must be a direct result of the act of the accused.

Application to the Given Scenario:

• Facts: A person is injured by fist and kick blows and dies after two days due to cardiac arrest.
• Legal Questions:
  • Did the accused have the intention to cause death?
  • Was the injury inflicted sufficient in the ordinary course of nature to cause death?
  • Is there a direct causal link between the injuries and the cardiac arrest?

Analysis:

1. Intention to Cause Death:

   • If it can be proven that the accused intended to cause death by delivering fist and kick blows, Section 302 IPC can be attracted.
   • However, typically, fist and kick blows are not generally considered sufficient to indicate a clear intention to cause death unless they are delivered in a manner or with a force that would naturally lead to death.

2. Sufficiency of Injuries:

   • The nature of the injuries and medical evidence would be crucial. If the injuries were severe enough to cause significant bodily harm leading to cardiac arrest, this could imply the knowledge that such harm was likely to cause death.
   • For example, if the blows were directed to a vulnerable part of the body like the head or chest, resulting in severe internal injuries, this might fulfill the requirement of sufficiency.

3. Causal Link:

   • A direct causal link between the injuries and the cardiac arrest must be established. Medical evidence would need to show that the cardiac arrest was a direct result of the injuries sustained.
   • If the cardiac arrest is proven to be a consequence of the injuries inflicted by the accused, Section 302 IPC might be attracted.

Judicial Interpretation:

• Courts often look at the intention behind the act and the nature of the injuries. In cases where the injuries are not evidently lethal, the courts may consider whether the accused had the knowledge that such actions could likely result in death.
• The Supreme Court of India has held in several cases that even if there is no intention to kill, if the act is done with the knowledge that it is likely to cause death, it could still attract Section 302.

Conclusion:

If it can be proven that the accused had the intention to cause death or the knowledge that the injuries inflicted were likely to cause death, Section 302 IPC can be attracted. However, this determination would heavily rely on the medical evidence and the circumstances of the case, including the severity and location of the injuries, and the sequence of events leading to the cardiac arrest.