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No definiterule that death by a single knife stab will not run under Section 302 of the Indian Penal Code : Supreme Court

Team SoOLEGAL 14 Sep 2020 4:35pm

No definiterule that death by a single knife stab will not run under Section 302 of the Indian Penal Code : Supreme Court

The Supreme Court heard an appeal against the conviction and sentencing of the convicted individual under Section 302 of the Indian Penal Code, 1860.It was claimed that the case falls under Section 304 Part I of Indian Penal Code, 1860, as it is the case with a single injury and there are correspondence judgments depicting that a single stabbing of a knife causing death  would not lead to a murder trial under Section 302 of the Indian Penal Code, 1860

This case is of Tamil Nadu, where the incident occurred during a party between friends and a sudden quarrel resulted in the incident. The accused hit the deceased with a knife-like weapon that struck the body’s fragile portion and killed the man. Police have registered a case under Section 302 of the Indian Penal Code, 1860 alleging that the accused knew that this attack could cause death. This was also deemed as murder by the Sessions Court and the High Court.

A three-judge bench of Justices Ashok Bhushan, R. Subhash Reddy and Justice M. R. Shah said there is no strict rule that the case will not run under Section 302 of the Indian Penal Code, 1860.It mostly depends on the facts and circumstances of the case. Also  said the nature of the wound, its position on the body, the kinds of weapons, etc. are variables that show out whether accused deliberately committed the murder or not. As a general rule it cannot be established that Section 302 of the Indian Penal Code, 1860 will not be implemented whenever death happens because of sharp weapon hits..

The accused said there is no proven motive for murder in this case. The court stated that the motive is always in the mind of the person who committed the offence. The objective is proved by detailed analysis of the evidence. Where there is definite evidence and eyewitness testimony that support their participation in the crime, then the failure of not being able to prove the motive would not impact the prosecution case. However, the court found the case to be falling under Section 304 Part I of the Indian Penal Code, 1860 based onthe circumstances of the case, not considering it under 302 of the Indian Penal Code, 1860and sentenced him to eight years imprisonment with the fine of 10,000/- Rupees.



Tagged: Indian Penal Code   Supreme Court   Tamil Nadu   Sessions Court   HighCourt   Justice Ashok Bhushan   Justice R. Subhash Reddy   Justice M. R. Shah   Section 304  
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