Nankaunoo Vs. State of U.P.
Indian Penal Code,1860 - Section 300 , Section 302
Murder - Culpable Homicide - Emphasis in clause three of Section 300 IPC is on the sufficiency of the injury in the ordinary course of nature to cause death - Sufficiency is the high probability of death in the ordinary course of nature - When the sufficiency exists and death follows, causing of such injury is intended and causing of such offence is murder - For ascertaining the sufficiency of the injury, sometimes the nature of the weapon used, sometimes the part of the body on which the injury is caused and sometimes both are relevant - Depending on the nature of weapon used and situs of the injury, in some cases, the sufficiency of injury to cause death in the ordinary course of nature must be proved and cannot be inferred from the fact that death has, in fact, taken place.
Murder - Culpable Homicide - Intention is different from motive - It is the intention with which the act is done that makes a difference in arriving at a conclusion whether the offence is culpable homicide or murder - Third clause of Section 300 IPC consists of two parts - Under the first part it must be proved that there was an intention to inflict the injury that is present and under the second part it must be proved that the injury was sufficient in the ordinary course of nature to cause death.
Murder- Offence Modified - Appeal against conviction - Appreciation of evidence - Nature of offence - Due to the occurrence in the morning at the barber shop of the deceased, the appellant emerged from the northern side of the grove carrying pistol in his hand and fired at the deceased - Weapon used and the manner in which attack was made and the injury was inflicted due to premeditation clearly establish that the appellant intended to cause the injury - Once it is established that the accused intentionally inflicted the injury, then the offence would be murder, if it is sufficient in the ordinary course of nature to cause the death - Injury was on the inner part of left thigh, which is the non-vital organ - Prosecution has not elicited from the doctors that the gunshot injury on the inner part of left thigh caused rupture of any important blood vessel and that it was sufficient in the ordinary course of nature to cause the death - Keeping in view the situs and nature of injury and in the absence of evidence elicited from the doctor that the said injury was sufficient in the ordinary course of nature to cause death, it is a fit case where the conviction of the appellant under Section 302 IPC should be under Section 304 Part 1 IPC - Conviction of the appellant under Section 302 IPC modified as conviction under Section 304 Part 1 IPC - Appellant sentenced to undergo ten years rigorous imprisonment.
Topic(s)-Murder - Offence modified to Section 304 Part 1 IPC