Summary
The Supreme Court restored a murder conviction for a fatal axe blow to the head, reversing the High Court’s reduction to culpable homicide. A single blow does not automatically exclude murder; the weapon, vital body part, force and medical evidence must be considered. The earlier morning altercation did not establish a sudden fight at the time of the later attack or negate the intention supported by the evidence.
Issues
- Whether a single fatal blow justified reduction from murder to culpable homicide.
- Whether an altercation hours earlier supported the High Court’s conclusion on intention.
Held
- There is no fixed rule excluding Section 302 whenever only one blow is struck. The nature of the weapon, location and effect of the injury and surrounding facts determine the offence; absence of repeated blows was insufficient to reduce this conviction. (¶¶ 6.2–6.5, 7–8)
- The axe struck the vital head region and caused a fracture and injury medically sufficient to cause death in the ordinary course of nature. Those facts supported the trial court’s murder conviction. (¶ 7–8)
- No altercation at the time of the attack was asserted. A dispute earlier that morning could not justify inferring absence of the necessary intention or treating the later assault as a contemporaneous sudden fight. (¶ 8.1)
Result
State appeal allowed. High Court reduction set aside; trial court’s Section 302 conviction and life sentence restored. If already released under the reduced sentence, accused directed to surrender forthwith; compliance to be secured through the Chief Judicial Magistrate.