Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s.304 Part II Penal Code |
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: s.304 Part II – Conviction of respondentunder s.302 IPC – High Court modified his conviction to one unders.304 Part II – Prosecution case was that three persons includingthe respondent attacked the victim-deceased and caused seriousinjuries to him – Respondent inflicted an axe injury on the skull ofthe deceased which caused his death – Accused persons were triedfor murder – Trial court convicted the respondent on the basis ofdepositions of PW-1 to PW-4, the medical evidence and recovery ofblood stained axe at the behest of respondent, while acquitted theother two persons – High Court allowed the appeal of respondentin part and convicted him of an offence under s.304 Part II – State’sappeal – Held: Evidence of prosecution witnesses was to the effectthat the respondent was the author of the injury and wielded theaxe, as a result of which death was the immediate and naturalcause – PW-4 was an injured eye-witness and, therefore, hispresence was established beyond all reasonable doubt – The injurywhich was caused to the deceased was [within the meaning of s.300(fourthly)] of a nature that the person committing the act knew thatit was so imminently dangerous that it must in all probability causedeath or such bodily injury as is likely to cause death – In suchcircumstances, the judgment of High Court was manifestly perverseand totally contrary to the evidence on the record – Conviction ofrespondent by trial court under s.302 is restored |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2018 INSC 1198 |
Petitioner | State Of Rajasthan |
Respondent | Leela Ram @ Leela Dhar |
SCR | [2018] 13 S.C.R. 621 |
Judgement Date | 2018-12-13 |
Case Number | 1441 |
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