Lawstreet Journal

Assault Using A ‘Lathi’ Doesn’t Corroborate the Intention under Section 302 IPC, Reiterates SC [READ JUDGMENT]

Lawstreet Journal 20 Sep 2020 12:00am

Image courtesy: Lawstreet Journal Judiciary Assault Using A ‘Lathi’ Doesn’t Corroborate the Intention under Section 302 IPC, Reiterates SC [READ JUDGMENT]

A three-Judge Bench of the Apex Court on September 16, 2020, made absolutely clear the fact that a lathi is also capable of being used as a weapon of assault, does not make it a weapon of assault simpliciter.

The bench comprising of Justice RF Nariman, Justice Indira Banerjee, and Justice Navin Sinha was hearing an appeal filed by the accused who was earlier convicted by the Trial Court under Section 302 of the Indian Penal Code after the accused murdered a person (now deceased) with a lathi on the head. Though the High Court had opined that the assault was not premeditated but had taken place in a heat of passion due to a land dispute, it sustained a conviction under Section 302 IPC.

The Supreme Court dealing with the appeal also came across a significant question that is likely to occur is that, whether there was an intention to cause death or only knowledge that death in a case of an assault on the head with a lathi. The Court observed that “A lathi is a common item carried by a villager in this country, linked to his identity. The fact that it is also capable of being used as a weapon of assault, does not make it a weapon of assault simpliciter. In a case like the present, of an assault on the head with a lathi, it is always a question fact in each case whether there was an intention to cause death or only knowledge that death… Continue Reading...


Tagged: Supreme Court of India  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.