Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: s.300 |
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: s.300 thirdly – Prosecution case was that respondent 1 to 5-accused were guilty of killing victim-deceased – Trial court convicted respondents-accused inter alia for offence punishable u/ss.302/149 – High Court altered conviction u/s.302 to one u/s.304 Part II holding that the injuries caused to deceased were on non-vital parts of the body and, therefore, there was no intention on part of accused to kill the deceased – High Court further observed that the accused took deceased to a doctor which showed that there was no intention on their part to kill the deceased – Appeal by informant (brother of victim) – Held: The factum of bodily injuries and its nature was duly established – Apart from the injuries on non-vital parts, there were fractured ribs on the right side and the right lung was ruptured – Even the wind pipe and food pipe were ruptured – There was an injury to liver – The cause of death as certified by the medical board was excessive bleeding due to injuries on vital parts like right lung as well as liver and the resultant shock – Deposition of eye witness that one of the accused held deceased who was lying flat on the ground and at least three accused persons assaulted him – Therefore, injuries on the chest which resulted into fracture of five ribs and rupture of right lung cannot be said to be accidental or unintentional – Therefore, even the third element in s.300 was established –Once prosecution established existence of three ingredients forming a part of “thirdly” in s. 300, it is irrelevant whether there was an intention on the part of the accused to cause death – Even the knowledge that an act of that kind is likely to cause death is not necessary to attract “thirdly” – Clause “thirdly” of s.300 applies in this case – High Court committed gross error in applying s.304 Part II – Judgment of trial court is restored. |
Judge | Hon'ble Mr. Justice Abhay.S. Oka |
Neutral Citation | 2021 INSC 802 |
Petitioner | Vinod Kumar |
Respondent | Amritpal @ Chhotu & Ors. |
SCR | [2021] 11 S.C.R. 954 |
Judgement Date | 2021-11-30 |
Case Number | 1519 |
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