A lathi is a common item carried by a villager in this
country, linked to his identity. The fact that it is also capable of
being used as a weapon of assault, does not make it a weapon of
assault simpliciter. In a case like the present, of an assault on
the head with a lathi, it is always a question fact in each case
whether there was intention to cause death or only knowledge
that death was likely to occur. The circumstances, manner of
assault, nature and number of injuries will all have to be considered cumulatively to decipher the intention or knowledge as the case may be.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 616 OF 2020
JUGUT RAM Vs THE STATE OF CHHATTISGARH
Author: NAVIN SINHA, J.
Dated: SEPTEMBER 16, 2020
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