2. whether the nature of injuries and the nature weapon,was such as to cause death of person?.

It is most respectivly submitted to this honorable court that the nature of weapon and nature of
injuries is such as cause death of a person.

Wooden lathis and batons, commonly used by the police, can be “weapons” of death, the
Supreme Court has said in a judgment. The judgment was based on an appeal filed by two police
officers accused of mercilessly beating a man in custody with their lathis and batons 36 years ago in
Odisha. The officers argued that the injuries from their lathis and batons could not have been fatal.

But the court refused to accept that lathis and batons were inoffensive and cannot be lethal
enough to cause death.

“It cannot be accepted that use of wooden lathi and baton are weapons which are not likely to
cause death. Wooden lathi and baton are the weapons usually possessed by the police ... It depends
on the manner of use of the wooden lathi and baton,” Justice Bhushan wrote in the 29-page
judgment recently.

In Joseph v/s state of kerala - The High Court on the basis of the evidence of the eyewitnesses
held that the accused was responsible for causing the injury on the head of which proved fatal.
Referring to the third clause of section 300 ipc the High Court held that the offence committed by
the accused amounted to murder in as much as the injuries caused by the accused even with the
wooden lathi were found to be sufficient on the ordinary course of nature to cause the death.

Hence in the present case postmortem report by medical examination confirmed that Sita had died
due to injuries suffered by her on her head and due to fracture of 3 ribs.The injury sustained to sitha
on head due to 3 serious blows on her head by the lathi . Then council for plaintiff submitted here
that the collectively beating to sitha is cause to death is sufficient in nature.