BJS Preparation: Problematic Question Series: Penal Code, 1860

 

Question

Three brothers decide to teach a lesson to Joy   as he had attempted to molest their sister and when questioned, he insults and abused them in vulgar language in front of public. Hence, along with four   friends, they conspire and decide to assault him, while he is in his house. All of them get armed with weapons like choppers, axe and clubs and go to his house. They forcibly enter the house and attack him. At that time Joy   is carrying his three year old daughter in his arms. One of the accused in order to attack Joy snatches the child and throws it down on the ground. While falling, the head of the child hits grinding stone and it dies instantaneously. The three of the accused hold Joy   and the other accused, attack him with weapons indiscriminately. When Joy falls down unconscious they leave the place. Then after Joy is taken to a hospital but while under treatment breathes his last. The post-mortem report indicates that the death was due to excessive haemorrhage and multiple injuries to vital organs like brain, liver and kidney.

What are all the offences committed by the accused? Give reasons with reference to provisions of Penal Code, 1860.

Answer

All accused are liable for house trespass and murder read with section 149 of the Penal Code, 1860.

House trespass is defined in section 442 of the Penal Code, 1860 as under:

“House-trespass

442. Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit "house-trespass".

Explanation.-The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-trespass.”

When three brothers along with four friends entered in Joy's house, they committed house trespass which is punishable in section 448 of the Penal Code, 1860. Punishment for house-trespass is described in section 448 of the Penal Code, 1860 as under:

“Punishment for house-trespass

448. Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand taka, or with both.”

As one of the accused snatched child from deceased and threw on ground, all accused were fully aware about the possibility of this incident so all accused are liable for committing murder of child as well as of Joy as post mortem report indicates that death was caused due to excessive haemorrhage and multiple injuries to vital organs like brain, liver and kidney which were caused by accused. Hence, all are punishable under section 302 of the Penal Code, 1860. Section  149 of the Penal Code, 1860 deals with every member of unlawful assembly guilty of offence committed in prosecution of common object. In question, there are seven persons (three brothers and four friends). Thus, they have formed unlawful assembly.

In short, they have committed offences under sections 448, 302/149 of the Penal Code, 1860.