Case Of Death By Single Blow On Vital Part Of Body May Fall Under Section 302 IPC (Murder), Reiterates SC [Read Judgment]

The bench comprising Justice MR Shah and Justice AS Bopanna were considering an appeal filed by the State of Madhya Pradesh against alteration of the conviction of an accused from Sections 302/149 to Section 304 Part II of the IPC by the High Court.

The bench noted that the injury caused by the accused Ramavtar was on the vital part of the body i.e. head and proved to be fatal. It said:

"Merely because the accused Ramavtar caused the injury on the head by the blunt side of Farsa, the High Court is not justified in altering the conviction to Section 304 Part II of the IPC. As held by this Court in catena of decisions, even in a case of a single blow, but on the vital part of the body, the case may fall under Section 302 of the IPC and the accused can be held guilty for the offence under Section 302 of the IPC."

Taking note of the fact that it was a free fight, the bench said that the accused should have been held guilty for the offence under Section 304 Part I of the IPC. It then set aside the High Court judgment and altered the conviction from Section 302 of the IPC to Section 304 Part I of the IPC and is sentenced to undergo eight years R.I. with a fine of Rs.5000.

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