Case detail : Stalin vs. state
Case no. : CRIMINAL APPEAL NO. 557 OF 2020
introduction of the case ; there is no hard and fast rule that the case of single injury Section 302 IPC would not be attracted, said the bench comprising justices Ashok Bhushan, R. Subhash Reddy and MR shah while disposing a criminal Appeal.
Accused has heavily relied upon the decision of this court in the cases of Kanhayippu v. State of Kerala (2000) 10 SCC 307 and Masumsha Hasanasha Musalman vs. state of Maharashtra (2000) 3 SCC 557 in support of this submission that causing a single stab injury, section 302 IPC shall not be attracted .
Making above submission and relying upon the above decision of this court, it is prayed to convert the conviction from section 302 IPC to section 304 part 2 IPC.
MAHESH BALMIKI V. STATE OF MP
Confirming the conviction under section 302 the supreme court observed thus “adverting to the contention of single blow, it may be pointed out that there is no principle that in all cases of single blow section 302 IPC is not attracted.
WHOLE SCENARIO OF THE CASE
In the present case, at the place of incident the beer was being served; all of them who participated in beer party were friend; the starting of the incident is narrated by P.W 3 Nelson who is an eye witness to the incident right from the beginning , deposed that when the deceased Kalidas served extra beer to two person who came from outside, the accused became angry and told deceased why he is giving more beer to out- town people and not giving to local people and thereafter the problem started and that scuffle the accused took out the knife and stabbed from behind.
Therefore in the facts and circumstances, culpable homicide cannot be said to be murder within the definition of section 300 IPC and therefore in the fact and circumstances of the case and the manner in which the incident started in a beer party we are of the opinion that section 302 IPC shall not be attracted.
The impugned judgment and order passed by the high court confirming the conviction of the accused for the offence punishable under Section 302 IPC is hereby modified from that under section 302 IPC to section 304 1 IPC. The accused is guilty for the offence punishable under section 304 part 1 IPC and sentenced to undergo 8 years R.I. with a fine of Rs 10,000/- and, in default, to undergo one year R.I. The appeal is allowed to the aforesaid extent.
It is presumed that causing such bodily injury was likely to cause death. Therefore the case would fall under section 304 part 1 of the IPC and not under section 304 part 2 of the IPC
Credit: Tanvi kamble