Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
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Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
Judgement Subject Index/Important Decision/Topic

ILC-2016-SC-CRL-Jan-19

State of Rajasthan Vs. Ram Kailash Alias Ram Vilas

Head Note

Indian Penal Code,1860  - Section 302

Section 302, 304 Part I - Murder - Nature of Offence - Appeal against acquittal - Appreciation of evidence - Not a disputed fact as to whose fire shot resulted in the death of the deceased - Intention on the part of the respondent-accused in causing bodily injury as is likely to cause death is also not a disputed fact - Held that High Court erred in not taking into consideration Section 301, IPC in forming its opinion before converting the sentence from Section 302 to Section 304 Part-I - In view of the fact that respondent-accused knew that his act of shooting the deceased person is likely to cause death of that person to whom harm is caused - It cannot be believed that respondent-accused did not know about the likelihood of causing death, though, he may not know as to whom he is causing bodily harm, but his act in totality and in the light of evidences on record clearly prove the ingredients of Section 300, IPC - Judgment of the High Court converting the sentence from Section 302 to Section 304 Part-I, IPC cannot be sustained and liable to be set aside - Conviction and sentence passed by the Trial Court under Section 302, IPC read with other sections of the Arms Act restored.

Topic(s)-Murder - Nature of Offence - Conversion to lighter offence set aside







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