AIR 1958 SUPREME COURT 465 ::1958 AllCriR 373 ::1958 MadLJ(Cri) 579 ::1958 SCJ 772 ::1958 SCR 1495 ::ILR 1958 Punj 1528

Supreme Court Of India

11th MARCH, 1958.

Hon'ble Judge(s): S. Jafer Imam, P. B. Gajendragadkar, Vivian Bose , JJJ

Penal Code (45 of 1860) , S.300 3rdly— Applicability - Essentials to be proved - Inference of intention from nature of injury - When can be made - Effect of seriousness or otherwise of injury. The prosecution must prove the following facts before it can bring a case under S. 300 "thirdly"; First, it must establish, quite objectively, that a bodily injury is present; Secondly, the nature of the injury must be proved. These are purely objective investigations. Thirdly, it must be proved that there was an intention to inflict that particular bodily injury, that is to say, that it was not accidental or unintentional, or that some other kind of injury was intended. Once these three elements are proved to be present, the enquiry proceeds further and, Fourthly, it must be proved that the injury of the type, just described, made up of the three elements set out above, is sufficient to cause death in the ordinary course of nature. This part of the enquiry is purely objective and inferential and has nothing to do with the intention of the offender.(Para 12) Once these four elements are established by the prosecution (and, of course, the burden is on the prosecution throughout), the offence is murder under S. 300 "thirdly". It does not matter that there was no intention to cause death, or that there was no intention even to....