Showing posts with label S.304 Part 1 of IPC Delhi High Court Criminal Law Culpable Homicide Murder. Show all posts
Showing posts with label S.304 Part 1 of IPC Delhi High Court Criminal Law Culpable Homicide Murder. Show all posts

Saturday, October 30, 2021

"When and if there is intent and knowledge, then the same would be a case of S. 304 Part I" of IPC, 1860 : Delhi High Court

There are several Judgments dealing with S.304 Part I of IPC. 

It has been held at page 24 of its Judgment by Hon'ble Delhi High Court that "when and if there is intent and knowledge, then the same would be a case of Section 304 Part I and if it is only a case of knowledge and not the intention to cause murder and bodily injury, then the same would be a case of Section 304." 

In this case, the facts were such that victim was "stabbed". Weapon used was "churra (knife)". The victim was a male and was "young". The victim was a businessman [kirana shop related business]. The accused was also a male and it was argued by accused that "accused was aged 25 years" on date of offence."

Here in such cases, it was needed to know [at page 9] "whether the prosecution has succeeded to prove that the injury caused by the [accused] was with intention of causing such bodily injury, which was sufficient in the ordinary course of nature to cause death and therefore, falls under clause thirdly of Section 300 IPC."

For details refer citation Tayyab v State NCTD [2013] GCtR 946 (Delhi). 


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