Himanshu Kuril S/o Vasudev vs. State of Madhya Pradesh

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Criminal Appeal, 241 of 2012, Judgment Date: Mar 17, 2021

Law laid down - 

Appellant convicted by trial Court under Section 302 of IPC. The question was whether there was intention to cause death ? 

Appellant had dealt knife injuries on the thigh of the deceased resulting in his death and before inflicting knife injuries, had told the deceased that “ आज मैं तेरा हिसाब कर देता हूँ  ” (“today I will settled the score with you”). After the incidence, he called (PW/2) on Mobile saying that “आज मैंने नीरज को निपटा दिया है”.

Held - Intention may be gathered from the part of the body aimed at and the words spoken by appellant. The words “ आज मैं तेरा हिसाब कर देता हूँ  ” may mean that he would cause such harm to the injured, which would amount to appropriate retribution. Words “ निपटा दिया है ” may have different meanings.

It may mean that he has finished the injured or done away with the injured or it may also mean that he has dealt with the injured. The injuries were caused on non-vital part, i.e thigh. This shows that there was no intention to cause death. Appellant liable to be convicted under Section 304 (Part-I) of IPC instead of Section 302 of IPC. (Apex Court judgment relied upon Jage Ram vs State of Haryana reported in 2015(11) SCC 366.)

Himanshu Kuril S/o Vasudev vs. State of Madhya Pradesh