Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Assault with deadly weapon bodily injury |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860- s.302- Assault with deadly weapon on vital part of the body causing death of a person - Appellant inflicted blow with a 'darat' (agricultural implement having a large cutting blade) on the back of the deceased's head - The blow proved to be fatal - Conviction of appellant u/s.302 - Justification of - Held: Justified - Appellant chose the sharp side of the 'darat' and not the blunt side - The ferocity with which the blow was struck clearly emerges from the fact that the blow resulted in cutting through the skull of the deceased and caused a hole therein, resulting in exposing the brain tissue - It is not the case of the appellant, that the occurrence arose out of a sudden quarrel or in the heat of the moment - It is not even his case, that he had retaliated as a consequence of provocation at the hands of the deceased - Five witnesses stated in unison, that appellant was in the process of inflicting a second blow on the deceased, when they caught hold of him, whereupon one of them (PW6) snatched the 'darat' from the appellant, and threw it away - In such a situation, it would be improper to treat I determine the culpability of the appellant by assuming, that he had inflicted only one injury on the deceased - Appellant must be deemed to have committed the offence of 'culpable homicide amounting to murder' u/s.302 IPC, as he had struck the 'darat' blow, with the intention of causing such bodily injury, which he knew was so imminently dangerous, that it would in all probability cause the death of the deceased. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2013 INSC 124 |
Petitioner | Som Raj @ Soma |
Respondent | State Of H.p. |
SCR | [2013] 4 S.C.R. 433 |
Judgement Date | 2013-02-22 |
Case Number | 1772 |
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