1. Criminal Tutorial
Rambaran Mahton, Appellant v The State, Respondent

2.  The appellant along with his mother and two
sister were irrigating at their plot.
 The deceased came to plot 840 from his brinjal
field in a fit of anger and then some altercation
between the two brothers.
 The appellant dashed him to the ground and sat
upon his stomach and belaboured him with fists
and slaps.
Fact of the case

3.  Whether the occurrence took place in the
manner alleged by the prosecution
 Whether the appellant was responsible for
the infliction of the injuries on
Nokhali(deceased)
Issue of the case

4.  By referring to all the court
witnesses, they have convincingly
supported the prosecution case
 Two theories?
 One put forward on behalf of the
prosecution
 The other one on behalf of the defence
 Look at the nature of the injuries
Issue 1

5.  S325 read with S322 I.P.C
 The essential ingredients of the offence of voluntarily causing
grievous hurt, are three in number: (1) grievous hurt as
described in S320 must first be caused. If the hurt actually
caused is simple, a person cannot be held guilty of voluntarily
causing grievous hurt even if it was in his contemplation; (2) the
offender intended, or knew himself, to be likely to cause grievous
hurt. If he intended or knew himself to be likely to cause only
simple hurt, he cannot be convicted for the offence under S325
even if the resultant hurt was grievous.
 To constitute the offence of voluntarily causing grievous hurt,
there must be complete correspendence between the result and
the intention or the knowledge of the accused.
Issue 2

6.  Nokhali had been dashed to the ground and wholly undefended.
While he was lying on the ground, the appellant sat on his
stomach and administered him fists and slaps. He had sustained
no injuries, not even a scratch. Nokhali unable either to strike
him in self-defence or extricate himself from his hold.
 The injuries would not have been caused unless blows were given
to him with great force. In such circumstances a person
belabours a man with fists and slaps it will be obvious to
everybody that grievous hurt would ensue.
 There might be no intention, but the way in which he assaulted
his brother he should have known that he was likely to cause
grievous hurt to him.
Issue 2

7.  The sentence of 5 years too severe
 Nokhali had no business to go to plot 849 where the appellants
was carrying on irrigation work peacefully
 After Nokhali became senseless, he stayed on to tend him. He
gave him water and also sprinkled water upon his body to bring
him to his senses.
 There was no intention on the part of the appellant either to kill
him or to cause him such bodily injury as was likely to cause his
death
 The sentence altered from 5 years to 1 year imprisonment.
Judgment