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 the conviction of an accused from Sections 302/149 to Section 304 Part II of the IPC by the High Court. As held by this Court in catena of decisions, even in a case of a single blow, but on the vital part of the body, the case may fall under Section 302 of the IPC and the accused can be held guilty for the offence under Section 302 of the IPC." It then set aside the High Court judgment and altered the conviction from Section 302 of the IPC to Section 304 Part I of the IPC and is sentenced to undergo eight years R.I. with a fine of Rs.5000.

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History of this topic

Supreme Court Discharges Employers In Culpable Homicide Case Over Electrocution Death Of Workers Engaged For Decoration
3 weeks, 1 day 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 …

Supreme Court Quashes Culpable Homicide Charge Against Doctor For Patient's Death After Nurse's Injection Over Phone Instruction, Directs Trial For Negligence
1 month, 1 week ago

Supreme Court Quashes Culpable Homicide Charge Against Doctor For Patient's Death After Nurse's Injection Over Phone Instruction, Directs Trial For Negligence

Live Law  

The Supreme Court recently quashed the charge of culpable homicide against a doctor who gave telephonic instruction to a nurse to administer an injection, which led to a patient's death due to an adverse reaction. The maximum punishment prescribed for the culpable homicide not amounting to murder under Section 304 Part I IPC is up to ten years imprisonment, a …

Death penalty an exception, not the rule: SC
2 months ago

Death penalty an exception, not the rule: SC

Hindustan Times  

The Supreme Court has reaffirmed that not every case of multiple murders qualifies as a “rarest of rare” instance warranting the death penalty, particularly when there is potential for reform. The court underscored that while the crime was brutal and deeply disturbing, the absence of criminal antecedents, favourable prison reports indicating a scope for rehabilitation and legal precedents weighed against …

2 persons get rigorous life imprisonment in murder case in Chevella
3 months ago

2 persons get rigorous life imprisonment in murder case in Chevella

Deccan Chronicle  

Hyderabad: In a significant judgment, the X Additional District and Sessions Judge in Ranga Reddy district sentenced two persons - ‎Guduru Kumar and Kotha Kurva Ramachandraiah to undergo rigorous life imprisonment and to pay a fine of Rs.5,000 in a murder case that took place in Chevella. In default of payment of fine, they must undergo simple imprisonment for one …

Dr. Subbiah murder case | Madras High Court sets aside death sentence imposed on seven, and life sentence imposed on two others
9 months, 2 weeks ago

Dr. Subbiah murder case | Madras High Court sets aside death sentence imposed on seven, and life sentence imposed on two others

The Hindu  

The Madras High Court on Friday, June 14, 2024, set aside the conviction and death sentence imposed by a trial court on seven individuals as well as the life sentence imposed on two others, in connection with the 2013 sensational murder of neurosurgeon S.D. Ramesh and Sunder Mohan allowed the nine criminal appeals and acquitted the appellants P. Ponnusamy, his …

Undertrials Unable To Effectively Defend Themselves Due To Poor Socio-Economic Status, Leads To Sole Focus On Gravity Of Offence: Calcutta HC Reverses Death Sentence
10 months ago

Undertrials Unable To Effectively Defend Themselves Due To Poor Socio-Economic Status, Leads To Sole Focus On Gravity Of Offence: Calcutta HC Reverses Death Sentence

Live Law  

The Calcutta High Court has recently reversed a death sentence awarded to a man who was accused of brutally murdering a home-maker and her 13-year-old daughter with a sharp and heavy weapon.A division bench of Justices Soumen Sen and Partha Sarathi Sen were adjudicating upon a death reference case wherein the trial court had handed a death sentence to Padam …

The Complete Supreme Court Annual Digest- 2023 [Part-XIV]
10 months, 3 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-XIV]

Live Law  

Municipal Corporation Act Municipal Corporation Act - Delhi Municipal Corporation Regulations - These provisions make it abundantly clear that the election of the Mayor has to be held first. Mina Pun v. State of U.P., 2023 LiveLaw 724 Narcotic Drugs and Psychotropic Substances Act, 1985 - Conviction liable to be set aside if samples weren't drawn in magistrate's presence as …

Supreme Court Rejects Defence Of Intoxication In Murder Case, Says Accused Walking Properly & Returning To Shoot Indicated Alert Mental State
1 year, 4 months ago

Supreme Court Rejects Defence Of Intoxication In Murder Case, Says Accused Walking Properly & Returning To Shoot Indicated Alert Mental State

Live Law  

The Supreme Court recently upheld the conviction of a convict for the offence of murder under Section 302 of the Indian Penal Code after carefully considering the impact of intoxication on him at the time of the incident. Thus, in the absence of such evidence, coupled with the fact that it is not the case of the appellant that he …

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 …

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 …

Vital Body Parts Not Receiving Injuries Doesn't Mean Offence Isn't Heinous: Allahabad HC Refuses To Quash Attempt To Murder Case Based On Compromise
2 years ago

Vital Body Parts Not Receiving Injuries Doesn't Mean Offence Isn't Heinous: Allahabad HC Refuses To Quash Attempt To Murder Case Based On Compromise

Live Law  

The Allahabad High Court recently refused to quash an attempt to murder case based on the compromise entered into between the victim and the accused. The case in brief Accused Narendra Pratap Singh moved the Court seeking to quash 307 IPC offence registered against him on the ground that he and the complainant/victim, who are related to each other, have …

If Life Imprisonment Is Imposed On Murder Convict, Term Sentence For Other Offences Runs Concurrently: Karnataka High Court
2 years, 1 month ago

If Life Imprisonment Is Imposed On Murder Convict, Term Sentence For Other Offences Runs Concurrently: Karnataka High Court

Live Law  

The Karnataka High Court has clarified that if a term of life imprisonment under section 302 of Indian Penal Code is imposed on an accused and another fixed term sentence is imposed for another charge, then both sentences will run concurrently and not consecutively. The Sessions Court in terms of its order dated 09.12.2010, convicted the petitioners herein and sentenced …

Removing Dead Body From Scene Of Murder To Another Place Doesn't Come Under Ambit Of S. 201 IPC: Allahabad High Court
2 years, 3 months ago

Removing Dead Body From Scene Of Murder To Another Place Doesn't Come Under Ambit Of S. 201 IPC: Allahabad High Court

Live Law  

Explaining the scope of Section 201 IPC, the Allahabad High Court recently observed that removing the corpse of a murdered man from the scene of the murder to another place does not come within its ambit as the removal does not cause the disappearance of evidence of the commission of the murder.Stressing that to constitute an offence under Section 201 …

"Spur Of The Moment", "Took Her Immediately To Hospital": SC Sets Aside Conviction U/s 302 IPC Of A Husband Accused Of Killing Wife
2 years, 4 months ago

"Spur Of The Moment", "Took Her Immediately To Hospital": SC Sets Aside Conviction U/s 302 IPC Of A Husband Accused Of Killing Wife

Live Law  

The Supreme Court set aside murder conviction of a man accused of killing his wife and modified it to conviction under Section 304 Part II IPC.This is after the court found that the incident had occurred at the spur of the moment and the accused had taken immediate steps to shift his wife to the hospital.The accused was charged of …

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 …

"Every Sinner Has A Future": Supreme Court Commutes Death Sentence Imposed On Man For Rape & Murder Of 4 Year Old Girl
2 years, 11 months ago

"Every Sinner Has A Future": Supreme Court Commutes Death Sentence Imposed On Man For Rape & Murder Of 4 Year Old Girl

Live Law  

The Supreme Court has commuted the death sentence awarded to a man accused of rape and murder of four year old girl.The bench comprising Justices UU Lalit, S. Ravindra Bhat and Bela M. Trivedi observed that the maximum punishment prescribed may not always be the determinative factor for repairing the crippled psyche of the offender.The Trial Court had awarded death …

Life Imprisonment Without Remission Till Last Breath Can Be Imposed As Substitution Of Death Sentence: Supreme Court
3 years, 1 month ago

Life Imprisonment Without Remission Till Last Breath Can Be Imposed As Substitution Of Death Sentence: Supreme Court

Live Law  

The Supreme Court observed that life imprisonment without any remission till the last breath can be imposed as a substitution of death sentence.The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh rejected an argument raised in a case that the minority view in Union of India vs. V. Sriharan - 7 SCC 1 should be looked into as two …

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 …

'Not A Murder': 'Short- Tempered' Retd. Army Officer Who Shot A Boy For Plucking Fruits From His Compound Gets Relief From SC [Read Order]
5 years, 4 months ago

'Not A Murder': 'Short- Tempered' Retd. Army Officer Who Shot A Boy For Plucking Fruits From His Compound Gets Relief From SC [Read Order]

Live Law  

The Supreme Court has acquitted of murder charges a retired Lieutenant Colonel in the Indian Army accused of killing a boy who was plucking fruits from his defence enclave, and modified the conviction to Culpable Homicide not amounting to murder.Kandaswamy Ramaraj was convicted under Section 302 IPC by the Trial Court and the same was upheld by the Madras High …

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 …

Heinous & Serious Offences, Offences By Public Servants Can't Be Quashed On The Ground Of Compromise Between Parties: SC Issues Guidelines
6 years ago

Heinous & Serious Offences, Offences By Public Servants Can't Be Quashed On The Ground Of Compromise Between Parties: SC Issues Guidelines

Live Law  

A three Judge Bench of Supreme Court of India on Tuesday has issued guidelines regarding quashing of Criminal Proceedings on the ground of compromise between the parties. The Bench has then issued the following Guidelines i) that the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of 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 …

SC Permits Wife & Daughters Of Deceased De Facto Complainant To Compound Criminal Case [Read Order]
6 years, 2 months ago

SC Permits Wife & Daughters Of Deceased De Facto Complainant To Compound Criminal Case [Read Order]

Live Law  

The Supreme Court has permitted the wife and daughters of a de-facto complainant to compound a criminal case by entering into compromise with the accused.In this case, the high court had modified the conviction of the accused from Section 307 IPC to Section 325 IPC, thus reducing the sentence of imprisonment from five years to two years. The Supreme Court …

Premature release: Brutality in murder or shown after death amounts to heinous crime, says HC
6 years, 6 months ago

Premature release: Brutality in murder or shown after death amounts to heinous crime, says HC

Hindustan Times  

The Punjab and Haryana high court has said that exhibition of brutality either while causing death or shown after the murder of a victim, in both circumstances, it would fall in the category of heinous crime for the consideration of premature release of a convict. The high court bench of justice RK Jain while dismissing a plea of a Mahendrgarh …

Trial Court Can’t Order Accused To Undergo Life Term Beyond 14 Yrs Without Chance For Remission, Reiterates Delhi HC [Read Judgment]
6 years, 11 months ago

Trial Court Can’t Order Accused To Undergo Life Term Beyond 14 Yrs Without Chance For Remission, Reiterates Delhi HC [Read Judgment]

Live Law  

HC modifies life term of murder convict sentenced to 25 yrs in jail without remission.Modifying to life term the punishment awarded to a murder convict sentenced by the trial court to undergo 25 years in custody without being considered for remission, the Delhi High Court has said the trial court cannot order an accused to undergo life imprisonment for a …

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 …

SC Delivers Split Judgment On The Guilt Of Wife In Screening Her Paramour In the Murder Of Her Husband [Read Judgment]
7 years, 8 months ago

SC Delivers Split Judgment On The Guilt Of Wife In Screening Her Paramour In the Murder Of Her Husband [Read Judgment]

Live Law  

The Supreme Court bench of Justices N.V.Ramana and Prafulla C Pant today gave a split judgment on the guilt of a wife in screening her paramour in the murder of her husband. While Justice N.V.Ramana found her innocent of the offence under Section 201 of the Indian Penal Code, Justice Prafulla C Pant found her guilty under the same provision, …

SC Sets Aside ‘Perverse’ Judgment Of Acquittal By Andhra Pradesh HC In Double Murder Case [Read Judgment]
8 years, 1 month ago

SC Sets Aside ‘Perverse’ Judgment Of Acquittal By Andhra Pradesh HC In Double Murder Case [Read Judgment]

Live Law  

“‘Perverse’ is not a happy expression. I entirely agree that this judgment is perverse,” said Justice RF NarimanSetting aside what it called a ‘perverse’ judgment by Andhra Pradesh High Court, the Supreme Court has convicted the sole accused in a double murder case in which a 12-year=old girl and her father were killed.The trial court had convicted P Yerraballi Amaranatha …

Calcutta HC commutes death sentence awarded to man who raped and killed 8 year old girl [Read Judgment]
8 years, 10 months ago

Calcutta HC commutes death sentence awarded to man who raped and killed 8 year old girl [Read Judgment]

Live Law  

The Calcutta High Court has commuted the death sentence awarded by Trial Court to a person convicted for rape and murder of an Eight year old girl, by modifying the conviction from Section 302 IPC to Section 304 IPC and sentenced him to ten years imprisonment.Division Bench comprising of Justices Nadira Patherya and Debi Prosad Dey allowed the appeal in …

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 …

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 …

No death sentence but 30 years imprisonment in Nitish Katara murder case
10 years, 1 month ago

No death sentence but 30 years imprisonment in Nitish Katara murder case

Live Law  

Refusing to award death sentence to Vikas and Vishal Yadav in the much hyped Nitish Katara murder case, a Division Bench of Delhi High Court has via a detailed 594 page judgment turned the life imprisonment to 25 years of actual imprisonment without consideration of remission and a fine of Rs. 50 Lakh each u/s 302 along with rigorous imprisonment …

No death sentence but 30 years imprisonment in Nitish Katara murder case
10 years, 1 month ago

No death sentence but 30 years imprisonment in Nitish Katara murder case

Live Law  

Refusing to award death sentence to Vikas and Vishal Yadav in the much hyped Nitish Katara murder case, a Division Bench of Delhi High Court has via a detailed 594 page judgment turned the life imprisonment to 25 years of actual imprisonment without consideration of remission and a fine of Rs. 50 Lakh each u/s 302 along with rigorous imprisonment …

For diluting offence of murder, intoxication cannot be a ground, says Supreme Court
11 years ago

For diluting offence of murder, intoxication cannot be a ground, says Supreme Court

Live Law  

A Supreme Court bench comprising justices K S Radhakrishnan and VikramajitSen said while upholding the conviction and life sentence awarded by the trial court and confirmed by the Bombay High Court to Bhagwan Tukaram Dange for burning to death his wife under the influence of liquor, ruled that intoxication of a person cannot be a ground for reducing the offence …

For diluting offence of murder, intoxication cannot be a ground, says Supreme Court
11 years ago

For diluting offence of murder, intoxication cannot be a ground, says Supreme Court

Live Law  

A Supreme Court bench comprising justices K S Radhakrishnan and VikramajitSen said while upholding the conviction and life sentence awarded by the trial court and confirmed by the Bombay High Court to Bhagwan Tukaram Dange for burning to death his wife under the influence of liquor, ruled that intoxication of a person cannot be a ground for reducing the offence …

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