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PETITIONER: VIRSA SINGH.
Vs.
RESPONDENT: THE STATE OF PUNJAB
DATE OF JUDGMENT: 11/03/1958
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN IMAM, SYED JAFFER GAJENDRAGADKAR, P.B.
CITATION: 1958 AIR 465 1958 SCR 1495
ACT: Criminal Trial--Culpable homicide amounting to murder-- Prosecution to Prove-Presence and Nature of Injury -Intention to cause that Particular Injury, which was not accidental or unintentional and was sufficient to cause death in the ordinary (course of nature--Indian Penal Code (Act XLII of 1860), s. 300, 3rdly.
HEADNOTE: The accused thrust a spear into the abdomen of ,he deceased. This injury caused his death. In the opinion of the doctor the injury was sufficient to cause death in the ordinary course of nature. It was found by the Sessions judge that the accused intended to cause grievous hurt only. In his opinion however the third clause Of S. 300 Indian Penal Code applied. He accordingly convicted and sentenced the accused under S. 302 India, Penal Code. The High Court upheld the conviction, It was argued that the third clause Of s. 300 Indian Penal Code did not apply as it was not proved that the accused intended to inflict a 1496 bodily injury that was sufficient to cause death in the ordinary course of nature as s. 300 Indian Penal Code third clause states, " If it is done with the intention of causing bodily injury to any ...