Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 – s.302 and 304 Part II Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration: Appellant in fi t of rage, dashed head of thevictim against the wall, resulting in death of victim. Appellant convicted u/s.302 IPC and sentenced to undergo life imprisonment. Whether judgment,order and sentence passed by the Sessions Court and affi rmed by theHigh Court requires to be affi rmed or the sentence is to be converted andpunishment to be awarded u/s. 304 of IPC and if so, which part of s.304 IPC?Penal Code, 1860 – s.302 and 304 Part II – Limited question beforethe Supreme Court regarding the affi rmation of sentence u/s. 302 IPCor conversion of sentence to s.304 IPC:Held: In the instant case it can be noticed that appellant-convict andthe deceased were in love with each other – The fact that deceased hadstopped talking to the appellant and she was talking to her neighbour, hadmade the appellant furious and he was upset about this change of attitudeof the deceased – Even according to the testimony of PW-1 (mother of thedeceased), there was altercation between the appellant and the deceasedregarding their love aff air – Appellant got infuriated and in that spur of themoment he caught hold of her hair and banged her head to the wall whichresulted in blood oozing out and on seeing this he ran away from the sceneof the incident – Thus, the single assault by the appellant coupled with theduration of the entire period having occurred for about 2-3 minutes wouldnot be suffi cient to infer that he had the intention to kill the deceased – In thefacts of the case, it is discernible that there was no premeditation to causedeath or the genesis of occurrence and the single assault by the accused and duration of entire episode, were factors to adjudge the intention – Therefore,conviction of the appellant u/s. 302 is altered/converted to one u/s. 304 partII of the IPC and the appellant is sentenced to the imprisonment to the periodalready undergone and directed to be released forthwith. [Paras 20 and 21]Penal Code, 1860 – When accused can be held guilty u/s. 302 and304 Part-II of IPC:Held: Where the evidence would not disclose that there was anyintention to cause death of the deceased but it was clear that the accusedhad knowledge that his acts were likely to cause death, the accused canbe held guilty under second part of s.304 IPC – It is in this backgroundthat the expression used in Indian Penal Code namely “intention” and“knowledge” has to be seen as there being a thin line of distinction betweenthese two expressions – The act to constitute murder, if in given facts andcircumstances, would disclose that the ingredients of Section 300 are notsatisfi ed and such act is one of extreme recklessness, it would not attract thesaid Section – In order to bring a case within Part 3 of s.300 IPC, it mustbe proved that there was an intention to infl ict that particular bodily injurywhich in the ordinary course of nature was suffi cient to cause death. [Para 16] |
Judge | Hon'ble Mr. Justice Aravind Kumar |
Neutral Citation | 2023 INSC 812 |
Petitioner | N. Ramkumar |
Respondent | The State Rep. By Inspector Of Police |
SCR | [2023] 11 S.C.R. 845 |
Judgement Date | 2023-09-06 |
Case Number | 2006 |
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