AI Overview...
- Section 307 Single Sword Blow - Main Points and Insights:
- Several cases involve a single blow of a sword causing injury or death, often under circumstances of sudden provocation or heat of passion. For example, in Kamu Kisku VS State of Jharkhand - Crimes, the accused caused a single sword blow during a fight, resulting in injury, but was not found to have taken undue advantage. Similarly, in Mustafa Mian VS State Of Jharkhand - Jharkhand, a single blow caused the death of the deceased, and the court modified the conviction from murder under Section 302 to culpable homicide under Section 304 Part-II, emphasizing the absence of intent and the impact of provocation.
- The legal principle often hinges on whether the single blow was delivered with intent to cause death or injury, and whether it was under sudden provocation, which can reduce the offense from murder to culpable homicide not amounting to murder.
-
In some cases, courts have distinguished between intentional and accidental or provoked acts, leading to reductions in charges (e.g., Ramesh Narayan Ghate VS State of Maharashtra, through P. S. O. Kotwali, Nagpur - Bombay) where a conviction under Section 307 was converted to Section 324, considering the nature of the injury and intent.
-
Legal Analysis and Conclusions:
- A single sword blow, particularly when delivered impulsively or under provocation, may not always constitute the offense of murder under Section 302 but can fall under Section 307 or Section 304 Part-II depending on the circumstances.
- The courts scrutinize the intent, the nature of the blow, and the context (e.g., fight, provocation) to determine the appropriate charge.
- Evidence such as eyewitness testimony, medical reports, and the nature of injuries are crucial in establishing whether the act was deliberate or impulsive, influencing the final conviction.
- Cases like Vikram S/o Waman Bachake VS State of Maharashtra - Bombay demonstrate that courts may quash or modify convictions under Section 307 if the act was not deliberate or if the accused lacked intent, emphasizing the importance of intent and circumstances.
References: - Kamu Kisku VS State of Jharkhand - Crimes, Babusingh Dhumsingh Gadiwale VS State of Maharashtra - Bombay, Vikram S/o Waman Bachake VS State of Maharashtra - Bombay, Chagan s/o. Kisan Koli VS State of Maharashtra - Bombay, Suresh Singh vs The State Of Madhya Pradesh - Madhya Pradesh, Anil Kumar VS State of Haryana - Punjab and Haryana, Kamruddin Mian VS State of Jharkhand - Jharkhand, Mustafa Mian VS State Of Jharkhand - Jharkhand, Ramesh Narayan Ghate VS State of Maharashtra, through P. S. O. Kotwali, Nagpur - Bombay, Kari Paswan VS State of Bihar - Patna
Search Results for "Section 307 Single Sword Blow"
• India - Crimes
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Indian Penal Code, 1860 – Sections 302 and 307 – Probation of Offenders Act, 1958 – Section 4 – Murder and ... sword blow on head of deceased in a sudden fight under heat of passion – Accused has not taken any undue advantage from incident ... There is exchange of assault from both side and both parties have sustained injuries – Appellant has been attributed to cause a single ... In the instant case, the appellant-Kamu Kisku has been attributed to cause a single #HL_S....
2015 0 Supreme(Bom) 2218 • India - Bombay
M.T.JOSHI
[INDIAN] PENAL CODE, 1860 - Section 326 Grievous hurt Proof of. ... Where prosecution established its case by evidence of reliable eye-witnesses that accused gave a blow of sword causing injuries on ... ... [INDIAN] PENAL CODE, 1860 - Section 326 Grevious hurt Sentence Reduction ... The immediate statement of the complainant would show that the appellant has given a single blow of the sword causing injuries to his hand. ... Initially, crime was registered for the off....
2019 0 Supreme(Bom) 826 • India - Bombay
MANGESH S.PATIL
to determine the accused's intention and knowledge in committing the offense under Section 307 of the IPC. ... Key legal provisions include Section 307 of the IPC, non-compoundable offenses, and the consideration of settlement in determining ... Final Decision: The court quashed the accused's conviction and sentence under Section 307 of the IPC, instead convicting him ... After conducting the trial the learned Assistant Sessions Judge convicted all the three accused for the offences p....
2007 0 Supreme(Bom) 1415 • India - Bombay
P.V.HARDAS, S.P.KUKDAY
been proved conviction under Section 307/34 is proper. ... ... INDIAN PENAL CODE, 1860 - Sections 326, 307 and 34. - Where sword ... reaching at place of occurrence after completion of assault such co-accused did not share common intention his conviction under Section ... Accused nos.3 and 4 are acquitted of the offence punishable under sections 307 and 324 read with section 34 of the Indian Penal Code and section....
2024 Supreme(Online)(MP) 13805 • India - High Court of Madhya Pradesh
SHRI PRAKASH CHANDRA GUPTA
The applicant allegedly gave a blow of sword to one of the victims, causing a bony injury. ... was arrested in connection with an FIR registered for offences under Sections 147, 294, 307, 452, 506, 34 and 323 of IPC. ... BAIL - SECTION 439 CRPC - REPEAT APPLICATION - NO CHANGE IN CIRCUMSTANCES - DISMISSED Fact of the Case: The applicant ... This is seventh application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.32/2022 date....
2017 0 Supreme(P&H) 149 • India - Punjab and Haryana
SHEKHER DHAWAN
IPC - Conviction under Sections 307, 323, 324 read with Section 34 and 506 IPC - Summary of Acts and Sections: Sections 307, 323 ... Fact of the Case: The appellants were convicted under Sections 307, 323, 324 read with Section 34 and 506 IPC for causing ... , 324, 325, 506, and 34 of the Indian Penal Code - The court analyzed the evidence and found that the charge under Section 307 IPC ... It w....
2002 0 Supreme(Jhk) 1165 • India - Jharkhand
D.N.PRASAD
Indian Penal Code 1860 – Section 307 – allegation and the intention as alleged has to be gathered and would be looked in to while ... constituting on offence u/s 307 I.P.C. instantly even a single flow made on the skull can be fatal – application dismissed (paras ... as there is no repetition of blow and, as such the offence under section 307 of the Indian Penal Code is not made out. ... Apparently Skull is a vital part of the body and even a single ....
2008 0 Supreme(Jhk) 555 • India - Jharkhand
AMARESHWAR SAHAY
was triggered due to sudden provocation—Deceased lost his life to one single blow—Appellants were not having intention to cause ... Indian Penal Code, 1860—Sections 302, 307, 304 Part-II and 148—Murder—Attempt to murder—Land dispute between the parties—Incident ... death of deceased—Case covered under Section 304 Part-II of IPC—Conviction and sentence accordingly modified—In view of long custody ... died after having received a single blow. ... Code rather he can at b....
2018 0 Supreme(Bom) 1171 • India - Bombay
MANISH PITALE
said injured victim - On next day court when said was standing in front of his house at appellant came at spot and inflicted a single ... 307 of IPC to Section 324 of IPC in present case - Appeal is disposed ... under Section 307 of IPC could be converted to an offence under Section 324 of IPC despite one of Doctors opining that injury was ... and the conviction of the appellant is altered from Section 307 of the IPC to Section 324....
2023 0 Supreme(Pat) 718 • India - Patna
CHAKRADHARI SHARAN SINGH, NAWNEET KUMAR PANDEY
ndian Penal Code, 1860–Sections 302, 307, 148, 325, 326 & 341/149–Appellant assaulting the deceased with ... of Anita Devi & Balram Paswan u/ss. 148, 307, 325, 326 and 341 cannot be said to have been proved and accordingly they are acquitted ... unsustainable–no specific evidence of any overt act is against appellant Anita Devi–appellant Balram Paswan assaulting Bal Krishna with sword ... This would bring the act of ‘B' within Clause (3) of Section 300 of the IPC and render him guilty of the offence of ....
Filter by Legal Phrase
