If the cumulative effect of injuries sufficient to cause death, Accused is guilty of Murder even if no significant injury inflicted on a vital part of the body; SC [Read Judgment]

Ashok KM

3 March 2016 9:27 AM GMT

  • If the cumulative effect of injuries sufficient to cause death, Accused is guilty of Murder even if no significant injury inflicted on a vital part of the body; SC [Read Judgment]

    Supreme Court in State of M.P. vs. Goloo Raikwar, has held that when medical report establishes that the injuries inflicted intentionally on the deceased by the accused, were cumulatively sufficient to cause death in the ordinary course of nature, Thirdly of Section 300 IPC is attracted, even if no significant injury had been inflicted on a vital part of the body and when the accused could not...

    Supreme Court in State of M.P. vs. Goloo Raikwar, has held that when medical report establishes that the injuries inflicted intentionally on the deceased by the accused, were cumulatively sufficient to cause death in the ordinary course of nature, Thirdly of Section 300 IPC is attracted, even if no significant injury had been inflicted on a vital part of the body and when the accused could not be said to have the intention of causing death.

    Apex Court Bench comprising of Justices J.S. Kehar and C. Nagappan was hearing an appeal by the State against the High Court Judgment which had altered the conviction recorded by Trial court under Section 302 IPC to Section Part I IPC.

    Referring to State of Andhra Pradesh vs. Rayavarapu Punnayya and Anr. (1976) 4 SCC 382), the Court said “In the present case, the fact that the accused hurled country made bombs, has been established. The incised injuries caused to Hari were intentional and were sufficient to cause death in the ordinary course of nature even if it cannot be said that his death was intended. This is sufficient to bring the case within thirdly of Section 300.”

    Allowing the Appeal by the State, the Apex Court set aside the High court judgment and restored the judgment of the trial court convicting the accused for the offence of murder, with a sentence of imprisonment for life.

    Read the Judgment here.

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