VidhiSangh

Supreme Court of India · 20/07/2023

ANBAZHAGAN versus THE STATE REPRESENTED BY THE INSPECTOR OF POLICE

[2023] 10 S.C.R. 1091 · 2023 INSC 632

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Summary

The Court altered a conviction under Section 304 Part I IPC to Part II and imposed five years’ rigorous imprisonment for a fatal weed-axe blow during a dispute over an agricultural pathway. The circumstances proved knowledge of likely death but did not establish the requisite intention. A single blow does not by itself determine the classification of homicide.

Issues

  1. Whether the fatal blow in the circumstances proved intention requiring Section 304 Part I or knowledge attracting Part II.
  2. How intention and knowledge are distinguished when death results from one injury.

Provisions considered

Held

Result

Appeal partly allowed; conviction altered from Section 304 Part I to Section 304 Part II IPC, with five years’ rigorous imprisonment for the altered conviction.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 1091.