Now so far as the main reason given by the High Court while converting the conviction from Section 302 of the Indian Penal Code to Section 304 Part I of the Indian Penal Code i.e. it was a case of a single blow is concerned, it is required to be noted that the deceased had died because of single injury caused on his head by the Accused by an axe. The aforesaid can hardly be a ground to convert the conviction from Section 302 of the Indian Penal Code to Section 304 Part I of the Indian Penal Code.
6.3 In the case of Arun Raj (Supra) this Court observed and held that there is no fixed Rule that whenever a single blow is inflicted, Section 302 would not be attracted. It is observed and held by this Court in the aforesaid decision that nature of weapon used and vital part of the body where blow was struck, prove beyond reasonable doubt the intention of the Accused to cause death of deceased. It is further observed and held by this Court that once these ingredients are proved, it is irrelevant whether there was a single blow struck or multiple blows.
8. Another reason given by the High Court is that there was no repeated injury. Aforesaid can hardly be a ground to convert the conviction from Section 302 to Section 304 Part I of the Indian Penal Code. A single blow on the vital part of the body like head and that too by deadly weapon-axe and used with force which proved to be fatal, was sufficient to hold that it was a case of murder within the definition of Section 300 of the Indian Penal Code.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 645 of 2019
Decided On: 10.04.2019
The State of Rajasthan Vs. Kanhaiya Lal
Hon'ble Judges/Coram:
L. Nageswara Rao and M.R. Shah, JJ.
Citation: (2019) 5 SCC 639
