Homicidal death and fatal skull injuries barred reduction from murder to grievous hurt under the medical evidence.

Where the evidence established homicidal death, ante mortem injuries, and skull fractures sufficient in the ordinary course of nature to cause death, the Supreme Court held that the conviction could not be reduced from murder to grievous hurt without legal justification. The medical opinion and ocular evidence supported death by shock and haemorrhage, and the homicidal nature of the incident was undisputed. On that basis, the alteration from Section 302 read with Section 34 IPC to Section 325 read with Section 34 IPC was set aside and the trial court conviction restored.

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Issues: Whether the High Court was justified in altering the conviction from murder with common intention to grievous hurt with common intention despite evidence of homicidal death and skull fractures sufficient to cause death in the ordinary course of nature.

Analysis: The prosecution evidence and medical opinion established that the deceased sustained ante mortem injuries, including fracture of the skull bones, and died of shock and haemorrhage. The homicidal nature of the death was not in dispute. In these circumstances, the alteration of conviction from the offence of murder to grievous hurt was found to be unsupported by the record and contrary to the settled effect of the medical and ocular evidence.

Conclusion: The alteration of conviction from Section 302 read with Section 34 of the Indian Penal Code to Section 325 read with Section 34 of the Indian Penal Code was set aside, and the trial court's conviction was restored in favour of the appellant.

Ratio Decidendi: Where the evidence proves homicidal death and the medical opinion shows injuries sufficient in the ordinary course of nature to cause death, a conviction for murder cannot be reduced to grievous hurt without legal justification.

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