AIR 1972 SUPREME COURT 952 ::1974 MadLW (Cri) 21 ::1972 MadLJ(Cri) 583 ::1972 MPLJ 591 ::1972 Mah LJ 462 ::(1972) 2 SCJ 561 ::1972 3 SCR 536 ::1975 Bom LR 428 ::1972 SCD 727

Supreme Court Of India

(From: Patna)

Hon'ble Judge(s): J. M. Shelat, P. Jaganmohan Reddy, H. R. Khanna , JJJ

Penal Code (45 of 1860) , S.300 3rdly, S.302— Accused giving lathi blow on the head of deceased. @page-SC953Attack premeditated and not accidental - Injury inflicted sufficient in the ordinary course of nature to cause death and actually resulting in death - Case falls under cl. 3rdly of S. 300 - Accused guilty of offence of murder. Where the accused gave a lathi blow on the head of the deceased as a result of which the deceased fell down and died instantaneously and the circumstances indicate that the assault was premeditated and the blow on the head of the deceased was not accidental and that the injury was sufficient in the ordinary course of the nature to cause death, then the case would fall squarely within the ambit of cl. 3rdly of Section 300 and the accused would be guilty of the offence of murder. That it was the intention of the accused to cause the precise injury found on the head of the deceased would be clear from the fact that the accused aimed a blow on the head of the deceased with a lathi. The mere fact that the accused gave only one blow on the head would not mitigate the offence of the accused and make him guilty of the offence of culpable homicide not amounting to murder, AIR 1954 SC 652 Distinguished. Cri. Appeal No. 539 of 1966, D/-30-1-1968 (Pat) Affirmed.(Para 7 9 11) ....