Bombay High Court
Laxman
Versus
State of Maharashtra
Decided On:

Headnote:Sections 302 and 304, Part II-Evidence Act, 1872, Sections 3, 8,45, 59 and 61-Offence of murder-Single stab injury on lower part of chest-Medical report and panchnama consistent-Proof of intention to kill-Incident occurred on domestic quarrel-Intention can be established by circumstantial evidence-Instantaneous death-Case of culpable homicide and knowledge that death could be caused-Held, conviction altered from Section 302 to Section 304, Part II, IPC.-If, it is found that the act of accused is culpable homicidal not amounting to murder then to bring it within the first part of Section 304, the prosecution will have to prove that the accused had an intention to inflict the injury which is sufficient to cause death in the ordinary course. No dispute is raised by either of the parties which has resulted into death instantaneously. When a man pierces a knife in the lower portion of the chest, he can be posted with the necessary knowledge that this injury is likely to cause death. However, the question about the intention cannot be assumed in the absence of specific surrounding circumstance justifying it. A petty quarrel preceded the incident in question and the fact that there was only one blow that top on the lower lateral side is suggestive that accused had no intention to cause an injury which would result into death, however, he knew that suchan injury may result in death. The circumstances are not sufficient to infer the necessary intention. Therefore, it is held that the accused appellant is guilty of an offence under Section 304, Part II of the Indian Penal Code.

       For Citation : 1998 Bom CR (Cri) 372 at p.375