L.NAGESWARA RAO, M.R.SHAH
State of Rajasthan – Appellant
Versus
Kanhaiya Lal – Respondent
Question 1? Question 2? Question 3?
Key Points: - The High Court erred in converting/altering conviction from Section 302 to Section 304 Part I of IPC; Supreme Court restored 302 conviction and life sentence. (!) (!) (!) (!) (!) - There is no fixed rule that a single blow excludes Section 302; factors like weapon, target, and intent on death matter. (!) (!) (!) - The Court reaffirmed that when a deadly weapon hits a vital part (head) with likelihood of death, it constitutes murder under Section 300 IPC, regardless of number of blows. (!) (!) (!) (!) - The observations about prior altercation do not negate intent to cause death if evidence shows such intent; High Court’s reasoning accordingly found perverse. (!) (!) (!) - The judgment cites Arun Raj v. UOI (2010) and Ashokkumar Magabhai Vankar and Leela Ram decisions to support that single-blow cases can still fall under Section 302. (!) (!) (!) (!) - The Supreme Court restores the trial court’s conviction under Section 302 IPC and life imprisonment, and directs surrender if already released. (!) (!) - The State’s appeal succeeded in overturning the High Court’s misclassification; the order to convert to 304 Part I is set aside. (!) (!) - The case involved an axe blow to the head causing death; medical evidence supported murder conviction. (!) (!) (!) - The judgment discusses the requirements of Section 300 and Exception 4 of Section 300, emphasizing lack of ground to reduce to 304 Part I. (!) (!) - The decision clarifies that altercation timing (morning vs. at the time) does not negate intention to cause death if evidence shows such intention. (!) (!)
JUDGMENT :
M.R. Shah, J.
Leave granted.
2. This appeal arises from the Judgment and Order of a Division Bench of the High Court of Judicature for Rajasthan dated 23.05.2014 passed in Criminal Appeal No. 303 of 2009. The High Court, while allowing the appeal filed by the respondent, convicted him under Section 304 Part I of the Indian Penal Code, instead of Section 302 of the IPC. The High Court sentenced the respondent to undergo 8 years RI and to pay a fine of Rs. 1000/-and in default of payment of fine, to suffer one month simple imprisonment. The State preferred this appeal against the said decision.
3. A First Information Report was lodged by one Dalip Kumar at Police Station Nimbaheda being FIR No.32/2008. It was alleged that on 26.01.2008, when PW-5 - Ms. Kailashi was returning from the farm, in her presence, Kanhaiya Lal attacked Raju (deceased) on his head by an axe. As per PW-5, Raju fell down and, on her cries, other persons reached the spot. The accused ran away. That Raju succumbed to the injuries. After concluding the investigation, the Investigating Officer filed the charge-sheet against the accused for the offence punishable under Section 302 of the IPC. That the accused
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