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Only precaution needed to examine child witness is to ensure they aren’t tutored: Delhi High Court

It was the contention of the convicts that 23 documented injuries on the body of the deceased caused by assailants, which were cumulatively responsible for his death, were not individually such as would lead to the death.

Hence, they argued that the assailants were not guilty of murder but of a lesser offence like culpable homicide.

The Bench held that the principle in such cases is clear. If the injuries were the direct cause of death and no secondary factor such as gangrene, tetanus had supervened then there was no doubt that the beating was pre-meditated and calculated, and death would amount to murder within the meaning of clause thirdly in Section 300 of the IPC.

“…what is required to be proved is that there was an intention to inflict a particular bodily injury, that is to say, that injury was not accidental or unintentional or that some other kind of injury was intended; and further, that the type of injury so described is sufficient to cause death in the ordinary course of nature, it being understood that the inquiry as to the intention to inflict a particular bodily injury, is a purely objective and inferential inquiry and has nothing to do with the intention of the offender; noting yet again, that the phrase bodily injury appearing in clause thirdly of section 300 includes bodily injuries.”

It further said,

“If an injury is present, and if it is proved that the assailant inflicted it, the inevitable inference is that he intended to inflict that injury.”

Source: Barandbench

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