Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 302-'Murder' and 'culpable homicide not amounting to |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860:Section 302-'Murder' and 'culpable homicide not amounting to murder'-Distinction between-The deceased married the daughter of the accused without his knowledge on account of which he was angry towards the deceased-When the deceased was on his way to bring agricultural labourers, the accused beat the deceased on his head twice with a stick-The deceased fell down and died later in the hospital-Trial court convicted the accused under S. 302-High Court affirmed the decision-Correctness of-Held: It is the degree of probability of death which determines whether a culpable homicide is of the gravest, medium or the lowest degree-Even if the intention of the accused was limited to the infliction of a bodily injury sufficient to cause death in the ordinary course of nature, and did not extend to the intention of causing death, the offence would be murder-In the instant case, the accused is responsible for causing the death of the deceased-However, S. 304 Part II IPC would be applicable and not S. 302 IPC-Conviction accordingly altered. Words & Phrases: "Likely to cause death"-Meaning of-In the context of Clause (b) of Section 299 of the Penal Code, 1860. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 83 |
Petitioner | Sellappan |
Respondent | State Of Tamil Nadu |
SCR | [2007] 2 S.C.R. 46 |
Judgement Date | 2007-01-31 |
Case Number | 123 |
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