Lawstreet Journal

Section 302 Of IPC Can be Attracted in a Single Stab Injury as Well: SC [READ JUDGMENT]

Lawstreet Journal 10 Sep 2020 8:08pm

Image courtesy: Lawstreet Journal Judiciary Section 302 Of IPC Can be Attracted in a Single Stab Injury as Well: SC [READ JUDGMENT]

A criminal appeal was filed by an accused who was convicted for the offense under Section 302 of IPC in a judgment passed by Madurai Bench of High Court of Judicature at Madras. 

The question which was to be administered was whether the accused is rightly convicted under Section 302 or is to be convicted for any other milder offense viz. Section 304 Part II IPC and whether single stab injury can attract Section 302 or not.  

The bench comprising of Justice Ashok Bhushan, Justice R. Subhash Reddy, and Justice MR Shah in their judgment stated that “It cannot be laid down as a rule of universal application that whenever the death occurs on account of a single blow, Section 302 of IPC is ruled out.”

Learned counsel appearing for the accused submitted that “as it is a case of a single blow, Section 302 IPC shall not be attracted.” Further, it was submitted that “even the so-called motive alleged for the incident is prior to four months of the incident in question and, therefore, as such, the prosecution has failed to establish and prove the motive for the accused to kill the deceased.”

In support of his contention, he relied upon the two judgments of Kunhayippu v. State of Kerala (2000) 10 SCC 307 and Musumsha Hasanasha Musalman v. State of Maharashtra (2000) 3 SCC 557. The ld. Counsel for the accused prayed to convert the conviction from Section 302 of IPC to Section 304 of IPC. 

Opposing the contentions… Continue Reading...

Tagged: Supreme Court of India  
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