SUPREME COURT OF INDIA
M. Y. Eqbal, Pinaki Chandra Ghose, JJ.
Kusha Laxman Waghmare — Appellant
versus
State of Maharashtra — Respondent
Criminal Appeal No.1414 of 2008
Decided on : 02-09-2014

IMPORTANT POINT
Assault without intention of causing death attracts section 304, Part-II and not section 302.

Headnote:Indian penal Code, 1860 – Section 304 Part-II – Appellant severely beating deceased by stick resulting in her death – Beating not with intention to cause death – Section 302 not attracted – Conviction under section 304 Part-II just and proper. (Para 11)

       Facts of the case:

        Appellant killed his wife Anusuya by means of wooden bar, hitting her very severely on the chest and at the back. Because of severe beating, there was internal bleeding and as a result thereof, she died.

        Trial court convicted him under Section 302, IPC.

        The conviction and the sentence was upheld by the High Court.

       Finding of the Court:

        Case does not fall u/s 302 IPC. Conviction and sentence u/s 304 Part-II would be proper and just.

       Result: Appeal allowed.