JAI PRAKASH versus STATE (DELHI ADMINISTRATION)
Where the accused intentionally inflicts an injury with a deadly weapon and that injury is sufficient in the ordinary course of nature to cause death, the offence constitutes murder under Section 302 IPC pursuant to Section 300 Clause Thirdly.
- Parties
- Appellant: Jai Prakash; Respondent: State (Delhi Administration)
- Jurisdiction
- India
- Judgment Date
- 05 February 1991
- Procedural Posture
- Criminal Appeal / Appeal From Conviction Affirmed by Delhi High Court
- Outcome
- Appeal dismissed; conviction under Section 302 IPC and sentence of life imprisonment affirmed.
- Legal Topics
- Murder, Culpable Homicide, Intention, Knowledge, Indian Penal Code Section 300 Clause Thirdly, Right of Private Defence
Case Brief
Summary, issues, holding and outcome
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Parties
Jai Prakash
Appellant
State (Delhi Administration)
Respondent
Procedural Posture
Criminal Appeal / Appeal From Conviction Affirmed by Delhi High Court
Legal Issues
- 1 Whether the act committed by the appellant constitutes murder under Section 302 IPC or culpable homicide not amounting to murder
- 2 Difference between 'intention' and 'knowledge' under Section 300 IPC
- 3 Applicability of the right of private defence
Ratio Decidendi
Where the accused intentionally inflicts an injury with a deadly weapon and that injury is sufficient in the ordinary course of nature to cause death, the offence constitutes murder under Section 302 IPC pursuant to Section 300 Clause Thirdly.
Court Disposition
Appeal dismissed; conviction under Section 302 IPC and sentence of life imprisonment affirmed.
Orders
- Appeal dismissed
- Conviction and sentence affirmed
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