Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sections 299 & JOO-Distinction between 'murder' and culpable |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Penal Code, 1860.Sections 299 & 300 - Distinction between 'murder' and culpable homicide not amounting to 'murder' - Held, in the scheme of IPC culpable homicide is genus and 'murder' its specie - All 'murder' is 'culpable homicide' but not vice-virsa - 'Culpable homicide' sans special characteristics of murder is 'culpable homicide not amounting to murder' - In the facts, conviction altered from Section 302 to Section 304 Part 1.Sections 299(b) & 300(2)-Distinction-Held, the 'intention to cause death' is not an essential requirement of Section 300(2) - Intention of causing bodily injury coupled with offender's knowledge of the likehood of such injury causing death of the particular victim, is sufficient to bring the killing within the ambit of Section 300(2) - Section 299(b) does not postulate any knowledge on the part of the offender. Sections 299(b) & 300(3) - Distinction - Held, the distinction lies between a bodily injury likely to cause death and a bodily injury sufficient in the ordinary course of nature to cause death-Difference is one of the degree of probability of death resulting from the intended bodily injury - For cases to fall within clause (3), it is not necessary that the offender intended to cause death-Section 300(3) is applicable if there is intention to inflict that particular bodily injury which in the ordinary course of nature is sufficient to cause death.Sections 299(c) & 300(4) - Distinction - Held, Sections 299(c) & G 300(4) both require knowledge of the probability of the act causing death - Section 300(4) is applicable where knowledge of offender as to probability of death approximates to a practical certainty.Prosecution alleged that truck driver-F was assaulted by appellant-police personnel at 11 p.m. as a result of which F became senseless and the appellant left him on the road and returned to the police station, F was brought to hospital for treatment and was referred to another hospital and on way to the hospital his condition became serious and he died. Trial Court convicted appellant for commission of offence under Section 302 Indian Penal Code, 1860 and sentenced him to imprisonment for life which was also upheld by the High Court in appeal. Hence this appeal by the accused police personnel. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 74 |
Petitioner | Shri Harendra Nath Borah |
Respondent | State Of Assam |
SCR | [2007] 1 S.C.R. 1211 |
Judgement Date | 2007-01-24 |
Case Number | 107 |
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