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
http://judis.nic.in/supremecourt/imgs1.aspx?filename=40334