AIR 1991 SUPREME COURT 1083 ::1991 AIR SCW 936 ::1991 ALL. L. J. 379 ::1991 CriAppR(SC) 143 ::1991 APLJ(Cri) 438 ::(1991) 2 CriLC 814 ::1991 (2) UJ (SC) 103 ::1991 UJ(SC) 2 103 ::1991 (2) SCC 750 ::1991 SCC(Cri) 571 ::1991 (2) RecCriR 70 ::1991 CriLR(SC MAH GUJ) 296 ::(1991) 2 APLJ 68 ::(1991) 2 ChandCriC 41 ::(1991) EastCriC 281 ::(1991) IJR 172 (SC) ::(1991) 1 SCR 856 (SC) ::1991 (1) SCR 856 ::(1991) 2 Crimes 221 ::1991 (28) AllCriC 181 ::(1991) ScCriR 520 ::1991 SC CriR 520 ::(1991) 1 JT 625 (SC) ::1991 (1) JT 625

Supreme Court Of India

(From : Allahabad)

Hon'ble Judge(s): A. M. Ahmadi, V. Ramaswami, M. Fathima Beevi , JJJ

(A) Penal Code (45 of 1860) , S.300, S.307— Murder - Evidence only showing that accused shot at deceased - No evidence to show that accused that injury caused by said bullet shot caused death - However accused could be said to have intention to kill deceased - Accused can be convicted under S.307 and not under S.302. The evidence in the instant case only established that the accused shot at the deceased but it was not known where the bullet hit and whether that injury caused by the said bullet shot caused the death. Even in the case of shooting by a rifle unless the evidence show the particular injury caused by the same and that injury is sufficient to cause death, the offence under S.302, I.P.C. could not be said to have been made out. In the circumstances, therefore, it could not be said that accused was guilty of offence under S.302 of causing the death of deceased. However, while the accused shot at the deceased there could be no doubt that either he had the intention to kill him or at least he had the knowledge that the act could cause the death. All the witnesses also say that the shot by the said accused brought down the deceased to the ground. There could, therefore, be no doubt that the shot had caused some hurt or injury though the Court could not predicate what was the nature of the injury and whether that injury could have caused the death. In th....