Sufficiency of Injury to cause death must be proved to sustain a conviction under Section 302 IPC; SC [Read Judgment]
9 years, 2 months ago

Sufficiency of Injury to cause death must be proved to sustain a conviction under Section 302 IPC; SC [Read Judgment]

Live Law  

The Supreme Court has held that the sufficiency of injury to cause death must be proved to sustain a conviction under Section 302 of Indian Penal Code and that cannot be inferred from the fact that death has taken place. However the court observed "The emphasis in clause three of Section 300 IPC is on the sufficiency of the injury in the ordinary course of nature to cause death. Depending on the nature of weapon used and situs of the injury, in some cases, the sufficiency of injury to cause death in the ordinary course of nature must be proved and cannot be inferred from the fact that death has, in fact, taken place" The court then modified the sentence to Section 304 Part 1 IPC as it observed that the injury was on the inner part of left thigh, which is the non-vital organ and as the gunshot injury was caused in the inner part of left thigh, the sufficiency of injury to cause death must have been proved and could not have inferred from the fact that death has taken place. But the prosecution has not elicited from the doctors that the gunshot injury on the inner part of left thigh caused rupture of any important blood vessel and that it was sufficient in the ordinary course of nature to cause the death, the Bench said.

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History of this topic

Supreme Court Discharges Employers In Culpable Homicide Case Over Electrocution Death Of Workers Engaged For Decoration
2 weeks, 4 days ago

Supreme Court Discharges Employers In Culpable Homicide Case Over Electrocution Death Of Workers Engaged For Decoration

Live Law  

The Supreme Court recently discharged two persons accused of not providing safety equipment to their employees, leading to their deaths due to electrocution while working on a signboard by using an iron ladder. The Trial Court and High Court rejected the appellants' discharge application, holding that there was sufficient material to proceed with the trial under Section 304 Part II …

Overlooking Difference Between Murder And Culpable Homicide Could Lead To Miscarriage Of Justice: Kerala High Court
1 year, 7 months ago

Overlooking Difference Between Murder And Culpable Homicide Could Lead To Miscarriage Of Justice: Kerala High Court

Live Law  

The Kerala High Court recently emphasised the objective nature of determining the legal distinction between murder and culpable homicide not amounting to murder under the Indian Penal Code, unrelated to the offender's intention.A Division Bench of Justice P.B Suresh Kumar and Justice C.S Sudha added that neglecting the difference between the two can lead to a miscarriage of justice. The …

To Attract Section 306 IPC, There Must Be Evidence To Substantiate Existence Of Suicide : Supreme Court
1 year, 7 months ago

To Attract Section 306 IPC, There Must Be Evidence To Substantiate Existence Of Suicide : Supreme Court

Live Law  

The Supreme Court observed that there must be evidence to substantiate the existence of suicide to attract Section 306 of the Indian Penal Code.In this case, a chargesheet was lodged against the accused under Section 306 IPC. The Supreme Court observed that there must be evidence to substantiate the existence of suicide to attract Section 306 of the Indian Penal …

Death By Accidental Firing : Supreme Court Converts Conviction Of Cop From Section 302 To Section 304A IPC
1 year, 8 months ago

Death By Accidental Firing : Supreme Court Converts Conviction Of Cop From Section 302 To Section 304A IPC

Live Law  

The Supreme Court recently converted the conviction of a Delhi Police guard under Section 302 IPC to Section 304A in the case related to the death of a constable due to accidental firing. The court finally held that “the prosecution has failed to prove that the appellant had either any intention of causing the death of the deceased or the …

Abetment To Suicide - Acts Of Accused Must Be Proximate To Occurrence For Conviction Under Section 306 IPC : Supreme Court
2 years, 5 months ago

Abetment To Suicide - Acts Of Accused Must Be Proximate To Occurrence For Conviction Under Section 306 IPC : Supreme Court

Live Law  

The Supreme Court reiterated that positive action proximate to the time of suicide on the part of the accused which led or compelled the deceased to commit suicide should be established for conviction under Section 306 of the Indian Penal Code.In cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the …

Murder Charge Can Be Added Against Accused If Injured Victim Dies Due To Septicemia Days After Being Discharged From Hospital: MP High Court
2 years, 7 months ago

Murder Charge Can Be Added Against Accused If Injured Victim Dies Due To Septicemia Days After Being Discharged From Hospital: MP High Court

Live Law  

The Madhya Pradesh High Court recently refused to interfere with the decision of the trial court to add charge for offence of Murder punishable under Section 302 IPC against the accused after the injured person died 13 days subsequent to being discharged from the hospital. Taking note of the law laid down by the Supreme Court in the case of …

Section 302 IPC| Circumstances From Which Intention To Cause Death Can Be Gathered: Supreme Court Explains
3 years, 1 month ago

Section 302 IPC| Circumstances From Which Intention To Cause Death Can Be Gathered: Supreme Court Explains

Live Law  

In a recent judgment, the Supreme Court discussed the circumstances which can be used to infer if there was an intention to cause death in a murder case under Section 302 of the Indian Penal Code.A Bench of Justice MR Shah and Justice BV Nagarathna was considering the State of Uttarakhand's appeal challenging High Court's order setting aside the conviction …

Death Occurred Due To Single Stab Injury Can Also Attract Section 302 IPC (Murder): SC [Read Judgment]
4 years, 6 months ago

Death Occurred Due To Single Stab Injury Can Also Attract Section 302 IPC (Murder): SC [Read Judgment]

Live Law  

The Supreme Court has observed that even in cases when death occurs due to single stab injury, Section 302 of the Indian Penal Code can be attracted.There is no hard and fast rule that in a case of single injury Section 302 IPC would not be attracted, said the bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah …

No Automatic Conviction U/s 306 IPC For Abetment Of Suicide Merely Because Accused Was Found Guilty U/s 498A IPC: SC [Read Judgment]
5 years, 4 months ago

No Automatic Conviction U/s 306 IPC For Abetment Of Suicide Merely Because Accused Was Found Guilty U/s 498A IPC: SC [Read Judgment]

Live Law  

The Supreme Court has observed that, merely because an accused is found guilty of an offence punishable under Section 498-A of the Indian Penal Code and the death of the wife has occurred within a period of seven years of the marriage, the accused cannot be automatically held guilty for the offence punishable under Section 306 of the IPC by …

Case Of Death By Single Blow On Vital Part Of Body May Fall Under Section 302 IPC (Murder), Reiterates SC [Read Judgment]
5 years, 9 months ago

Case Of Death By Single Blow On Vital Part Of Body May Fall Under Section 302 IPC (Murder), Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that, even in a case of death by a single blow, but on the vital part of the body, the case may fall under Section 302 of the Indian Penal Code. The bench comprising Justice MR Shah and Justice AS Bopanna were considering an appeal filed by the State of Madhya Pradesh against alteration of …

Shakti Mills Gangrape: Section S.376(E) IPC Is Unconstitutional: Argues Convict's Lawyer Before Bombay HC
6 years ago

Shakti Mills Gangrape: Section S.376(E) IPC Is Unconstitutional: Argues Convict's Lawyer Before Bombay HC

Live Law  

In the confirmation hearing of death penalty awarded to Vijay Jadhav, Mohammad Qasim Shaikh and Mohammad Salim Ansari for the gangrape of an 18-year-old call centre employee in July 2013 and 22-year-old photojournalist in August 2013, advocate Yug Mohit Chaudhary argued that the government's views on Section 376 of the Indian Penal Code are outdated and violative of. In the …

'Voluntary Provocation' Cannot Attract Exception To Offence Of Murder: SC [Read Judgment]
6 years, 1 month ago

'Voluntary Provocation' Cannot Attract Exception To Offence Of Murder: SC [Read Judgment]

Live Law  

The Supreme Court has observed that if the provocation was voluntary on the part of the accused, it would not attract exception 1 to Section 300 of the Indian Penal Code. The bench comprising Justice L. Nageswara Rao and Justice Sanjay Kishan Kaul set aside a High Court judgment that had converted the conviction of the accused from under Section …

Proof Of Grievous/Life Threatening Hurt Not Necessary For Conviction Under Section 307 IPC [Attempt To Murder]: SC [Read Judgment]
6 years, 1 month ago

Proof Of Grievous/Life Threatening Hurt Not Necessary For Conviction Under Section 307 IPC [Attempt To Murder]: SC [Read Judgment]

Live Law  

The Supreme Court has observed that proof of grievous or life-threatening hurt is not a sine qua non for the offence under Section 307 of the Indian Penal Code. In the appeal filed by the state, the bench examined the provisions of Section 307 IPC and observed: The first part of Section 307 refers to "an act with such intention …

Statement Of Injured Recorded Under Section 161 CrPC Can Be Treated As Dying Declaration After His Death: SC Reiterates [Read Judgment]
6 years, 5 months ago

Statement Of Injured Recorded Under Section 161 CrPC Can Be Treated As Dying Declaration After His Death: SC Reiterates [Read Judgment]

Live Law  

A two Judge Bench of the Supreme Court on Wednesday re-iterated that the statement of an injured recorded under Section 161 of Code of Criminal Procedure can be treated as dying declaration admissible under Section 32 of the Indian Evidence Act.Bench of Justices AK Sikri and Ashok Bhushan was hearing an appeal against judgment of Orissa High Court dated 25.01.2017. …

Bombay HC Sets Aside Conviction In 26-yr-old Murder Case [Read Judgment]
7 years, 7 months ago

Bombay HC Sets Aside Conviction In 26-yr-old Murder Case [Read Judgment]

Live Law  

Partly allowing a criminal appeal filed by one Parshuram Shankar Kamble, the Bombay High Court has set aside his murder conviction and held him guilty under Section 304 of the Indian Penal Code and sentenced him to 10 years’ imprisonment.However, Kamble’s lawyers argued that their client has already under gone the sentence awarded, as he. Partly allowing a criminal appeal …

Bombay HC Sets Aside Conviction In 26-yr-old Murder Case [Read Judgment]
7 years, 7 months ago

Bombay HC Sets Aside Conviction In 26-yr-old Murder Case [Read Judgment]

Live Law  

Partly allowing a criminal appeal filed by one Parshuram Shankar Kamble, the Bombay High Court has set aside his murder conviction and held him guilty under Section 304 of the Indian Penal Code and sentenced him to 10 years’ imprisonment.However, Kamble’s lawyers argued that their client has already under gone the sentence awarded, as he. Partly allowing a criminal appeal …

If the cumulative effect of injuries sufficient to cause death, Accused is guilty of Murder even if no significant injury inflicted on a vital part of the body; SC [Read Judgment]
9 years ago

If the cumulative effect of injuries sufficient to cause death, Accused is guilty of Murder even if no significant injury inflicted on a vital part of the body; SC [Read Judgment]

Live Law  

Supreme Court in State of M.P. vs. Goloo Raikwar, has held that when medical report establishes that the injuries inflicted intentionally on the deceased by the accused, were cumulatively sufficient to cause death in the ordinary course of nature, Thirdly of Section 300 IPC is attracted, even if no significant injury had been inflicted on a vital part of the …

If the cumulative effect of injuries sufficient to cause death, Accused is guilty of Murder even if no significant injury inflicted on a vital part of the body; SC [Read Judgment]
9 years ago

If the cumulative effect of injuries sufficient to cause death, Accused is guilty of Murder even if no significant injury inflicted on a vital part of the body; SC [Read Judgment]

Live Law  

Supreme Court in State of M.P. vs. Goloo Raikwar, has held that when medical report establishes that the injuries inflicted intentionally on the deceased by the accused, were cumulatively sufficient to cause death in the ordinary course of nature, Thirdly of Section 300 IPC is attracted, even if no significant injury had been inflicted on a vital part of the …

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