Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 – ss.302 and 326 |
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 – ss.302 and 326 – Murder – Conviction by trial court u/s.302 accepting the prosecution case that the accused persons armed with deadly weapons went to the agricultural field were the victim (complainant’s father) was working and beat him, resulting in his death – High Court converted the conviction to that u/s.326, primarily on grounds that the victim died six days after the incident and no fracture was found on his head – Justification – Held: Not justified – Merely because the victim died six days after the incident not a ground to set aside the conviction u/s.302 and convert it u/s.326 – Also, merely because no fracture was noticed and/or found cannot take the case out of s.302 when the victim died due to head injury – Causing injury on the head can be said to be causing injury on the vital part of the body and therefore a clear case of s.302 is established and proved – Conviction by trial court, of first respondent u/s.302 and of second respondent u/s.302 r/w s.34, accordingly, restored. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 71 |
Petitioner | State Of U.p. |
Respondent | Jai Dutt And Anr. |
SCR | [2022] 1 S.C.R. 215 |
Judgement Date | 2022-01-19 |
Case Number | 37 |
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