Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sections 299 Penal Code Section 45 and Section 291 Criminal Procedure Code 302 304 r jw Evidence Act 300 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Culpable homicide-Accused causing several injuries on the person of the deceased, out of which one injury which had injured the liver and caused the perforation of the larger colon was sufficient to cause the death in the ordinary course of nature - Medical opinion further was to the effect "that if immediate expert treatment had been available and the emergency operatlon had been performed, there were chances of survival of the deceased"-Whether it alters the nature of offence from one under Section 302 l.P.C. to one under Section 304 Part II l.P.C. Penal Code, Sections 299, 300, 302, 304 r/w Evidence Act, Section 45 and Section 291 Criminal Procedure Code, 1973. The appellant was charged and tried for the offence under Section 302 I.P.C for causing the murder of his wife. The Sessions Judge though on a consideration of the evidence led in the case including the direct testimony of Mst. Jelki (PW 3) and Mst. Modan (PW 8) found that the appellant attacked his wife. Mst. Gajri with dagger (Ext. I) and caused injuries on her person out of which injury No. 2 which had injured the liver and caused the perforation of the large colon was sufficient to cause her death in the ordinary course of nature, convicted him under Section 304 Part II l.P .C. and acquitted him of the charge under Section 302 Penal Code, in view of the fact that Dr. Laxmi Narain (PW 1) who conducted the postmortem examination of the body of Mst. Gajri had said in the course of his examination that "if immediate expert treatment had been available and emergency operation had been performed there were chances of the survival". In State appeal, the High Court altered the conviction of the appellant from one under Section 304 Part II LP .C. to that under Section 302 1.P.C. and sentenced him to imprisonment for life. Hence the appeal under Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act (Act 28) 1970. |
Judge | Hon'ble Mr. Justice Jaswant Singh |
Neutral Citation | 1978 INSC 171 |
Petitioner | Morcha |
Respondent | The State Of Rajasthan |
SCR | [1979] 1 S.C.R. 744 |
Judgement Date | 1978-09-13 |
Case Number | 43 |
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