VIRSA SINGH versus THE STATE OF PUNJAB

VIRSA SINGH versus THE STATE OF PUNJAB

Once it is proved that the accused intended to inflict the injury found to be present, and that injury is objectively sufficient in the ordinary course of nature to cause death, the offence falls under s. 300 Thirdly of the IPC, regardless of whether there was an intention to cause death or knowledge of the likelihood of death.

Parties
Appellant: Virsa Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
11 March 1958
Procedural Posture
Criminal Appeal by Special Leave / Final Decision on Conviction and Sentencing
Outcome
Appeal dismissed
Legal Topics
Murder, Culpable Homicide, Indian Penal Code S. 300 3rdly, Intent
Criminal Law Murder Culpable Homicide Indian Penal Code S. 300 3rdly Intent

Case Brief

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Parties

Virsa Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal by Special Leave / Final Decision on Conviction and Sentencing

Legal Issues

  1. 1 Whether the injury inflicted by the accused falls under s. 300 Thirdly of the Indian Penal Code amounting to murder
  2. 2 Whether intention to inflict a specific injury sufficient to cause death in the ordinary course of nature is required under s. 300 Thirdly

Ratio Decidendi

Once it is proved that the accused intended to inflict the injury found to be present, and that injury is objectively sufficient in the ordinary course of nature to cause death, the offence falls under s. 300 Thirdly of the IPC, regardless of whether there was an intention to cause death or knowledge of the likelihood of death.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence under s. 302 IPC affirmed