NDLI: The State of Rajasthan Vs. Kanhaiya Lal

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	IPC Murder convicted u/s. 302 by the trial court altered by the High Court to s. 304 Part I perverse and contrary to the evidence order of trial court restored
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860: ss. 302 and 304 Part I – Murder – Victim attacked by accused on his head by an axe, succumbed to his injuries – Conviction and sentence of the accused for the offence punishable u/s. 302 by the trial court, however, altered by the High Court to s. 304 Part I on the ground that the victim died of a single injury caused on his head by the accused by an axe; that there was no repeated injury; and that the victim and the accused had an altercation and there was no intention for the accused – Interference with – Held: Reasoning given by the High Court while converting the conviction from s. 302 to s. 304 Part I, manifestly perverse and totally contrary to the evidence on record – Doctor who conducted post mortem stated that the said head injury was sufficient to cause death in the ordinary course of nature – Single blow on the vital part of the body like head and that too by deadly weapon-axe and used with force proved to be fatal, and was sufficient to hold that it was a case of murder u/s. 300 – Merely because the altercation might have taken place much earlier and not immediately prior to and/or at the time of commission of the offence, it cannot be inferred that there was no intention on the part of the accused to cause death of the deceased – Thus, the High Court committed erred in altering the conviction from s. 302 to s. 304 Part I – Judgment of the High Court set aside and that of the trial court restored.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2019 INSC 510
Petitioner	The State Of Rajasthan
Respondent	Kanhaiya Lal
SCR	[2019] 5 S.C.R. 569
Judgement Date	2019-04-10
Case Number	645

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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