Court Reduces Sentence After Finding No Specific Charge Under Section 324 IPC
In a significant decision, the Kerala High Court has modified the conviction of Babu Avarachan, who was initially sentenced under Section 324 of the Indian Penal Code (IPC) for assaulting a police officer. The judgment, delivered by Justice Jobin Sebastian, found that while Avarachan could not be convicted under Section 324 due to the absence of a specific charge, he could be convicted under Section 323 IPC for voluntarily causing simple hurt.
The case dates back to August 1, 2015, when Avarachan, alongside two others, allegedly assaulted Police Constable PW1 on Sahodharan Ayyappan Road, Ernakulam, after being questioned for overspeeding. The trial court initially convicted Avarachan under Section 324 IPC for using a screwdriver to stab the officer, a decision later upheld by the Additional Sessions Court-IV, Ernakulam.
However, upon review, the High Court concluded that Section 324 IPC, which involves causing hurt by dangerous weapons, was not a minor offence of Section 332 IPC, the original charge, as both carry the same maximum punishment and have distinct ingredients. The court pointed out that Section 222 of the Code of Criminal Procedure (Cr.P.C.) allows conviction for a minor offence without a specific charge, but only if the lesser offence is inherently included in the greater one.
Justice Sebastian noted that while Section 324 requires the use of a dangerous weapon, Section 332 involves deterring a public servant from duty, and thus, the former could not be considered a minor offence of the latter. Consequently, the conviction under Section 324 was unsustainable.
The court, however, found sufficient evidence for a conviction under Section 323 IPC. This section, dealing with voluntary causing of simple hurt, is considered a minor offence of Section 332, as it involves lesser punishment and its ingredients are included within the graver offence. Therefore, Avarachan was convicted under Section 323 IPC and sentenced to imprisonment until the court’s rising and a fine of Rs. 1,000, with a default sentence of seven days' simple imprisonment.
This judgment underscores the importance of precise charges in criminal proceedings and the applicability of Section 222 Cr.P.C. in determining the validity of convictions for uncharged offences.
Bottom line:-
Conviction for a minor offence is permissible under Section 222 of the Cr.P.C., provided the ingredients of the minor offence are included within the major offence charged. However, Section 324 IPC cannot be treated as a minor offence of Section 332 IPC as their ingredients differ and both carry the same maximum punishment.
Statutory provision(s): Section 222 Cr.P.C., Section 324 IPC, Section 332 IPC, Section 323 IPC.
Babu Avarachan v. State of Kerala, (Kerala) : Law Finder Doc id # 2907146
