Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 : s. 304A – Causing death by negligence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 : s. 304A – Causing death by negligence –Scuffle between the victim-constable and the appellant-police guard– Semi Automatic Fire (SAF)-carbine of the appellant got entangledin the chain of the appellant’s belt resulting in accidental firing offive rounds of bullets from the SAF of the appellant – Bullets hit thevictim in his neck leading to his death – Case of the appellant thathe was requested by the sub-inspector to ask the victim to desistfrom continuing with his conversation on the telephone – Convictionof the appellant u/s. 302 and sentenced to life by the courts below– On appeal, held: Failure to prove the existence of the motive assuch the prosecution case regarding intentional firing by theappellant cannot be accepted – Also two eyewitnesses completelysupports the defence of the appellant of accidental firing –Furthermore, the interpretation of the statement of the appellantmade after the incident whereby he blamed the sub-inspector, andthe response of the sub-inspector to the appellant’s statement, is apossible interpretation that is consistent with normal human conduct– Version of the prosecution witnesses about the appellant and thesub-inspector making such statement does not inspire confidence –Prosecution also failed to prove that the appellant had either anyintention of causing the death of the victim or the intention ofcausing such bodily injury to the victim which was likely to causehis death – Thus, not a case of culpable homicide as defined u/s.299 – However, failure on the part of the appellant who was holdinga sophisticated automatic weapon to ensure that the change leverwas always kept in a safety position – Gross negligence on the partof the appellant led to a loss of human life – Thus, the appellantguilty of committing a lesser offence punishable u/s. 304A and hisconviction u/s. 302 set aside – Evidence Act – s. 6. |
Judge | Hon'ble Mr. Justice Abhay.S. Oka |
Neutral Citation | 2023 INSC 622 |
Petitioner | Arvind Kumar |
Respondent | State Of Nct, Delhi |
SCR | [2023] 10 S.C.R. 713 |
Judgement Date | 2023-07-17 |
Case Number | 2390 |
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