AIR 2004 SUPREME COURT 1264 ::2004 AIR SCW 24 ::(2004) 2 Raj Cri C 331 ::(2004) 14 IndLD 801 ::2004 (1) UJ (SC) 670 ::(2004) 1 CurCriR 89 ::2004 UJ(SC) 1 670 ::2004 (12) SCC 546 ::(2003) 10 Scale 842 ::(2004) 1 ALD(CRL) 351 ::2004 (2) AllCriLR 319 ::(2004) 1 Raj LW 70 ::2004 (1) Crimes 165 ::2004 (1) LRI 692 ::2004 (1) SLT 246 ::(2003) 8 Supreme 850 ::(2003) 3 ChandCriC 330 ::(2004) 15 AllIndCas 257 (SC) ::2004 (48) AllCriC 595 ::(2004) SC Cr R 837 ::2004 (2) SRJ 193

Supreme Court Of India

(From : 1996 (3) Rajasthan LW 479)

Hon'ble Judge(s): N. Santosh Hegde, B. P. Singh , JJ

(A) Penal Code (45 of 1860) , S.300— Murder - Intention to cause injury likely to cause death - Accused attacking deceased on neck with sharp cutting weapon - Cut wound extensively damaging blood vessels in neck - Opinion of doctor that cause of death was incised wound on neck which led to excess bleeding and heart failure - Cannot be said that doctor has not stated that injury was not sufficient in ordinary course to cause death - Decision of High Court that accused cannot be said to have the intention of causing injury likely to cause death - Based on improper construction of medical evidence - Liable to be set aside. 1996 (3) Raj LW 479, Reversed. (Para 11 12) (B) Penal Code (45 of 1860) , S.300— Murder - Single blow - Not always determinative of intention - Accused inflicting cut wound on neck of deceased - Injury extensively damaging blood vessels in neck leading to excess bleeding and heart failure - Injury though solitary exhibits intention and knowledge of attacker to cause death. The number of injuries is not always the determining factor in ascertaining the intention. It is the nature of injury, the part of body where it is caused, the weapon used in causing such injury which are the indicators of the fa....