Search Blog

Friday, April 26

Intention or knowledge, imp consideration for conclusion that death is murder - SC


Litta Singh & Anr. vs State of Rajasthan, Criminal Appeal No. 805 of 2009 (decided on 26.04.2013)

The SC observed that:

It is well settled proposition of law that the intention to cause death with the knowledge that the death will probably be caused, is very important consideration for coming to the conclusion that death is indeed a murder with intention to cause death or the knowledge that death will probably be caused. From the testimonies of the witnesses, it does not reveal that the accused persons intended to cause death and with that intention they started inflicting injuries on the body of the deceased. Even more important aspect is that while they were beating the deceased the witnesses reached the place and shouted whereupon the accused persons immediately ran away instead of inflicting more injuries with intent to kill the deceased. [Para 18]


After analyzing the entire evidence, it is evidently clear that the occurrence took place suddenly and there was no premeditation on the part of the appellants. There is no evidence that the appellants made special preparation for assaulting the deceased with the intent to kill him. There is no dispute that the appellants assaulted deceased in such a manner that the deceased suffered grievous injuries, which was sufficient to cause death, but we are convinced that the injury was not intended by the appellants to kill the deceased. [Para 20]


The Court held:

In the facts and circumstances of the case, in our considered opinion, the instant case falls under Section 304 Part II IPC as stated above. Although the appellants had no intention to cause death but it can safely be inferred that the appellants knew that such bodily injury was likely to cause death, hence the appellants are guilty of culpable homicide not amounting to murder and are liable to be punished under Section 304 Part II IPC.


Please follow the link to see the entire judgment 
http://judis.nic.in/supremecourt/imgs1.aspx?filename=40334