SUBRAN AND ORS. versus STATE OF KERALA
The opinion expressed regarding conviction for murder under Section 302 IPC was to be confined to the peculiar facts and medical evidence of the case; Subran could not be convicted for murder under Section 302 IPC as the medical evidence did not establish injuries sufficient to cause death in the ordinary course of...
Source-derived case information.
- Parties
- Petitioners: Subran and others; Respondent: State of Kerala
- Jurisdiction
- India
- Judgment Date
- 05 August 1993
- Procedural Posture
- Review Petition / Post Judgment Review of Supreme Court Judgment in Criminal Appeal No. 237 of 1993
- Outcome
- Review petition allowed with substitution of paragraph in judgment; conviction under Section 302 IPC for Subran set aside.
- Legal Topics
- Review of Supreme Court Judgments, Interpretation of Section 300 and 302 IPC
Source-derived case record
Summary, issues, holding and outcome
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Parties
Subran and others
Petitioners
State of Kerala
Respondent
Procedural Posture
Review Petition / Post Judgment Review of Supreme Court Judgment in Criminal Appeal No. 237 of 1993
Legal Issues
- 1 Whether the opinion expressed in paragraph 11 of the judgment in Criminal Appeal No. 237 of 1993 was to be treated as a general exposition of law or confined to the facts of the case
- 2 Whether conviction under Section 302 IPC for Subran was appropriate given medical evidence and facts
Ratio Decidendi
The opinion expressed regarding conviction for murder under Section 302 IPC was to be confined to the peculiar facts and medical evidence of the case; Subran could not be convicted for murder under Section 302 IPC as the medical evidence did not establish injuries sufficient to cause death in the ordinary course of nature, nor intent to cause death.
Court Disposition
Review petition allowed with substitution of paragraph in judgment; conviction under Section 302 IPC for Subran set aside.
Orders
- Substitution of paragraph 11 in the earlier judgment to confine the legal finding to the facts of the case.
- The conviction of Subran under Section 302 IPC is set aside.
Full Case Text
Judgment text and source record
36 paragraphs
SUBRAN AND ORS. v. STATE OF KERALA
AUGUST 5, 1993
[M.N. VENKATACHALIAH, CJ., B.P. JEEVAN REDDY AND A.S. ANAND, JJ.]
Constitution of India, I950:- Article 137/Supreme Cowt Rules--Order
XI: Review-Judgment-Clarification of
This Court by its judgment* decided Criminal Appeal No. 237 of 1993. On a review of the said judgment, the Court felt that observation made in paragraph 11 thereof was capable of being misinterpreted.
Substituting paragraph 11 of the judgment, this Court
HELD : The opinion expressed in paragraph 11 of the judgment required to be confined to the peculiar facts of the case and was not general exposition of law. [512-G-H; ;su-AJ
*Subran and others v. State of Kerala, (1993] 3 SCC 32.
CRIMINAL APPELLATE JURISDICTION : Review Petition No.
1394 of 1993.
In
Criminal Appeal No. 237 of 1993.
A
B
C
D
E
F
. From the Judgment and Order dated 4.9.91 of the Kerala High Court
in Cr!. Appeal No. 537/88.
Sudhir Gopi. Roy Abrahim and M.M. Kashyap for the Petitioners.
G
M.T. George for the Respondent.
The following order of the Court was delivered :
On a review of the judgment, we find that the opinion expressed at pages 10 to 12 (internal) corresponding to para 11 of the reported judg-. H ment in 1993 (3) sec page - 32, is capable of being misinterpreted. The
512
SUBRAN v. STATEOFKERALA
513
opinion expressed therein was required to be confined to the peculiar facts A of the case, but it tends to give an impression as if it is a general exposition of law which it was not meant to be. We, therefore, substitute that para- graph reading "Since appellant 1 Subran .............. committed by the four appellants?" (page 10 to 12), by following:
"Appellant No. l, Subran, had rightly not been charged for the B substantive offence of murder under Section 302 JPC. Subran, appellant No. 1, was not attributed the fatal injury or identified as the person who caused the fatal blow. According to the medical evidence, none of the injuries allegedly caused by appellant-Subran either individually or taken collectively with the other injuries cause C by hin1, were. sufficient in the ordinary course of nature to cause death of Suku. There is no material on the record to show that the injuries inflicted by Subran, with the chopper, were inflicted with the intention to cause death of Suku. Under these circumstances, the cnnviclion of the first appellant, Subran, for an offence under Section 302 I PC simpliciter was neither desirable nor appropriate. D The Hlgh Court, it appears, failed to consider the scope of clause (3) of Section 300 !PC in its proper perspective. In the facts of the present case, the intention to cause murder of Suku deceased could not be attributed to the said appellant as the medical evidence also unmistakably shows that the injuries attributed to him were not E sufficient in the ordinary course of nature to cause death of tbe deceased. Appellant No. l Subrnn, therefore, could not have been convicted for the substantive offence under Section 302 !PC and his conviction for the said offence cannot be sustained. 'fhat Suku died as a result of cumulative effect of all the injuries inflicted on him by all the four appellants stands established on the record. The question, therefore, arises what offence did the four appel- !ants co1nn1it?'1
F
The Judgn1ent is accordingly reviewed anc.1 the afore~aid substitution
in the judgment effected.
RP.
Review Petition revic\ved.