Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code Doctrine |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arms Act, 1959 (54 of 1959) 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. 302 r/w ss. 3/25 and 3/27 ~f Arms Act, 1959 - Conviction under and sentence of life imprisonment and three years and seven years RI and fine with default clauses - By trial court - High Court converted the conviction u/s. 302 to u/s. 304 (Part 1) holding that the accused did not know as to whom (out of the two persons) he was causing harm - Reduced the sentence of life imprisonment to eight years RI - conviction under provisions of Arms Act, upheld - On appeal, held: Intention of accused for causing bodily injury which was likely to cause death was not disputed - The High Court altered the conviction without taking into consideration the doctrine of malice as envisaged u/s. 301 !PC - In the light of the evidence on record ingredients of s. 300 !PC proved - Hence, conversion of conviction to one u/s. 304 (Part 1) is not sustainable. Doctrine - Doctrine of transfer of malice - Penal Code, I 860 - s. 301. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2016 INSC 100 |
Petitioner | State Of Rajasthan |
Respondent | Ram Kailash Alias Ram Vilas |
SCR | [2016] 1 S.C.R. 49 |
Judgement Date | 2016-01-28 |
Case Number | 2454 |
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