Stalin vs. State Represented by the Inspector of police

[Criminal Appeal No. 577 of 2020

*Facts* : The incident happened during a beer party in Tamil Nadu. All were friends and the incident occurred in a sudden quarrel. The accused has hit the deceased by a knife-like object which hit the delicate part of the body and the friend was killed. The police registered a case under 302 stating that the accused knew that death could be caused by that attack. The Sessions Court and the High Court considered it a murder.

*Argument* : There are a number of judgments of the Supreme Court which held that death by single stabbing of a knife would not lead to a murder trial under 302, but a section 304 (part one) (non-intentional murder) trial.

*Observation* : In case of death due to a wound, there is no firm rule that the case will not run under Section 302. It all depends on the circumstances and facts of the case. The nature of the wound, its location on the body, the type of weapon, etc. are the factors that indicate whether the accused committed the murder with intent or not.

*Argument* : No motive of murder has been proved in this case.

*Observation* : Motive is always in the mind of the person committing the crime. By examining the evidence deeply the objective is proved. Where there is definite evidence and the statements of eyewitnesses who are proving their involvement in the crime, then the absence of not being able to prove their objective will not affect the prosecution case.

*Held* : A three judge bench of Justices Ashok Bhushan, R. Subhash Reddy and Justice M. R. Shah has said that in case of death due to a wound, there is no firm rule that the case will not run under Section 302.

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