VidhiSangh

Supreme Court of India · 30/01/2025

ASHOK SAXENA versus THE STATE OF UTTARAKHAND ETC.

[2025] 1 S.C.R. 1454 · 2025 INSC 148

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Summary

The Supreme Court rejected the argument that an accused who stabbed the informant's wife while she intervened, his intended target being the informant, lacked the intention required for culpable homicide, holding that Section 301 IPC (transfer of malice) attributes the intended mental state to him. However, having regard to the genesis of the occurrence, it brought the case within Exception 4 to Section 300, altered the conviction from Section 302 to Section 304 Part I, and reduced the sentence to the period already undergone given the 1992 incident and the appellant's age of 74.

Issues

  1. Whether an accused who intended to harm the informant but fatally stabbed the informant's wife when she intervened can escape liability for murder or culpable homicide for want of intention towards the deceased.
  2. Whether the offence fell within Exception 4 to Section 300 IPC so as to reduce the conviction from Section 302 to Section 304 Part I.
  3. What sentence was appropriate given the age of the incident and of the appellant.

Provisions considered

Held

Result

Appeals partly allowed; conviction altered from Section 302 to Section 304 Part I IPC and sentence reduced to the period already undergone.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 1454.