Supreme Court Explain : (U/S. 302 Indian Penal Code) How To Identify Intention In A Murder Case?
Supreme Court Explain : (U/S. 302 Indian Penal Code) How To Identify Intention In A Murder Case?
Recently, the Supreme Court discussed the circumstances that can be used to determine whether there was an intent to kill in a murder case under Section 302 of the Indian Penal Code.
A Bench of Justices MR Shah and B.V. Nagarathna was hearing the State of Uttarakhand’s appeal challenging the High Court’s order setting aside the accused’s conviction for the offence under Section 302 IPC and seeking restoration of the trial Court’s order convicting him for the offence under Section 302 IPC and sentencing him to life imprisonment.
The Bench in this case noted that in Pulicherla Nagaraju vs. State of A.P., (2006) 11 SCC 444, the Court observed and held that the intention to cause death can be gathered generally from a combination of a few or several of the following, among other things:
(i) the type of weapon used;
(ii) whether the accused carried the weapon or whether it was picked up on the spot;
(iii) whether or not the blow is directed at a vital part of the body;
(iv) the amount of force used to cause injury;
(v) whether the act occurred during a sudden quarrel, a sudden fight, or a free-for-all fight;
(vi) whether the incident happened by chance or if it was planned;
(vii) whether there was any previous animosity or if the deceased was a stranger;
(viii) whether there was any grave and sudden provocation, and if so, what caused it;
(ix) whether it was done in a fit of rage;
(x) whether the person who caused the injury took unfair advantage of the situation or acted in a cruel and unusual manner;
(xi) whether the accused delivered a single blow or a series of blows.
