M. N. VENKATACHALIAH, A. S. ANAND, B. P. JEEVAN REDDY
Subran – Appellant
Versus
State Of Kerala – Respondent
ORDER
1. On a review of the judgment, we find that the opinion expressed at the pages 10 to 12 (internal) corresponding to para 11 of the reported judgment in (1993) 3 SCC page 32, is capable of being misinterpreted. The opinion expressed therein was required to be confined to the peculiar facts of other case, but it tends to give an impression as if it is a general exposition of law, which it was not meant to be. We, therefore, substitute that paragraph reading "Since appellant 1 Subran ... committed by the four appellants ?" (pages 10 to 12), by following :
"Appellant 1, Subran, had rightly not been charged for the substantive offence of murder under Section 302 IPC. Subran, appellant 1, was not attributed the fatal injury or identified as the person who caused the fatal blow. According to the medical evidence, none of the injuries allegedly caused by appellant-Subran either individually or taken collectively with the other injuries caused by him, were sufficient in the ordinary course of nature to cause death of Suku. There is no material on the record to show that the injuries inflicted by Subran, with the chopper, were inflicted with the intention to cause death of Suku. Under
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