VidhiSangh

Supreme Court of India · 30/11/2021

VINOD KUMAR versus AMRITPAL @ CHHOTU & ORS.

[2021] 11 S.C.R. 954 · 2021 INSC 802

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Summary

The Court restored murder convictions which the High Court had reduced to culpable homicide under Section 304 Part II. The deliberate group assault caused fractured ribs and injuries to the lung and liver sufficient in the ordinary course of nature to cause death. Under Section 300 thirdly, intention to inflict the particular bodily injury, rather than a further intention to kill, was material. Taking the victim to a doctor did not displace the established ingredients. The trial court’s life sentences and fines were restored.

Issues

  1. Whether the intentional injuries and medical evidence brought the offence within Section 300 thirdly rather than Section 304 Part II.
  2. Whether taking the victim to a doctor excluded murder liability in the circumstances.

Provisions considered

Held

Result

Appeal allowed. The trial court’s convictions under Sections 302/149 IPC, life sentences and fines were restored; the accused were directed to surrender within six weeks to serve the remaining sentences.

Judgment PDF: Supreme Court of India, [2021] 11 S.C.R. 954.