Acid Attack Leading To Death By Septicemia Months Later Constitutes Murder: Uttarakhand High Court Upholds Conviction

The Uttarakhand High Court has upheld the conviction of an accused under Sections 302, 326A and 504 of the Indian Penal Code, holding that the death of an acid attack victim due to septicemic shock more than two months after the incident did not break the chain of causation. The Court observed that where the medical evidence establishes that septicemia resulted from infected ante-mortem acid burn injuries, the offence squarely falls within the ambit of murder under Section 302 IPC.

A Division Bench of Justice Ravindra Maithani and Justice Siddhartha Sah was hearing a criminal jail appeal challenging the judgment of the Additional Sessions Judge, convicting the appellant for throwing acid on his brother Sher Singh and his family members. The appellant had thrown acid following a quarrel. The post-mortem attributed the victim's death to septicemic shock resulting from infected ante-mortem chemical burn injuries involving about 50% of her body surface area.

The appellant contended that the FIR was lodged belatedly, that there were inconsistencies in the prosecution evidence, that the investigating agency failed to explain the injuries sustained by him, and that since the deceased died more than two months after the incident due to septicemia, the offence under Section 302 IPC was not attracted.

The Court rejected the challenge to the delay in lodging the FIR, observing that the informant and several members of his family had themselves sustained acid burn injuries and were undergoing treatment. It noted that the FIR came to be lodged only after volunteers of the District Legal Services Authority met the injured informant in the hospital and reduced his complaint into writing. The delay, therefore, stood satisfactorily explained.

The Court held that the testimony of an injured witness carries special evidentiary value and ordinarily deserves greater weight unless major contradictions exist. It found that the injured eyewitnesses consistently deposed that the appellant, after abusing the family while intoxicated, went inside his house, brought a jerkin and mug containing acid and deliberately threw acid upon the victims, including young children. The Court held that minor inconsistencies pointed out by the defence did not affect the core of the prosecution case.

On the issue of causation, the Court held that the medical evidence clearly established that Jaya Devi died due to septicemic shock arising from infected ante-mortem chemical burn injuries caused by the acid attack. The Court found that the acid attack directly resulted in the fatal injuries and that the conviction under Section 302 IPC was fully justified.

“… the injuries sustained by the deceased, Jaya Devi, as a result of the acid attack stand duly proved, and it is also established that she underwent prolonged treatment following the acid burns and ultimately died on 20.11.2018 in Delhi due to septicemia arising from those injuries; hence, the offence punishable under Section 302 of the IPC is clearly attracted,” the Court observed.

Accordingly, the Court dismissed the criminal jail appeal and affirmed the conviction and sentences imposed upon the appellant under Sections 302, 326A and 504 IPC.

Case Title: Raghunath Singh v. State of Uttarakhand [Criminal Jail Appeal No. 80 of 2022]

Citation: 2026 LiveLaw (UK) 72

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