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  Metros   Mumbai  10 Apr 2017  Deliberately causing injury enough to cause death: Court

Deliberately causing injury enough to cause death: Court

THE ASIAN AGE. | SHAHAB ANSARI
Published : Apr 10, 2017, 2:56 am IST
Updated : Apr 10, 2017, 6:39 am IST

The accused had attacked the victim with a knife, cutting the femoral artery in his thigh, as a result of which the victim died.

The argument turned into a scuffle. Momin took out a knife and attacked Labbai. (Representational Image)
 The argument turned into a scuffle. Momin took out a knife and attacked Labbai. (Representational Image)

Mumbai: A sessions court in Mumbai convicted and awarded life sentence to a man for killing a rickshaw driver over a monetary dispute. The judge observed that the “knowledge” of whether the injury inflicted by the accused would result in the death of the victim is “inconsequential”.

According to the judge, as per the law and Supreme Court guidelines, what is relevant is that the accused intentionally injured the victim and such an injury in the ordinary course could cause death.

 

The accused had attacked the victim with a knife, cutting the femoral artery in his thigh, as a result of which the victim died. The accused had denied all charges and claimed that he did not know that injury on thigh could cause death.

On the basis of the account of eyewitnesses and people, the prosecution claimed that on October 30, 2015, Harun Momin had a heated argument with Imran Labbai.

The argument turned into a scuffle. Momin took out a knife and attacked Labbai. The witnesses took Imran to Rajawadi hospital, but after few hours the victim died.

Following the registration of FIR, the accused was arrested and with the knife, which was used to inflict wound on victim’s thigh. The judge S.B. Agrawal held that it was proved beyond reasonable doubt that it was Momin who assaulted Labbai.

 

The judge observed that it is not necessary that there must be an intention to cause death because what is contemplated in law is that causing of intentional bodily injury to any person is sufficient in the ordinary course of nature to cause death.

Tags: rickshaw driver, supreme court, death of the victim
Location: India, Maharashtra, Mumbai (Bombay)