(Deepshikha Gautam, Intern Journalist) New Delhi: The Supreme Court in a judgment said that death by one stabbing knife would lead to murder, culpable homicide. The court said that it is not a rule that a case under Section 302 IPC will not if a knife stabs to death. The accused said that there are several judgements of the supreme court which held that that death by single stabbing of knife would not lead to murder under 302, but section 304 (Part 1) would be a culpable homicide not amounting to murder. The court said that in case of death due to a wound, there is no firm rule that the case will no run under Section 302.
It all depends on the circumstances and facts of the case. The court stated that the nature of the wound, its location on the body, the type of weapon, etc. are factors that indicate whether the accused committed the murder with intent or not. It cannot be established as a general rule that Section 302 will not be enforced whenever the death occurs due to sharp weapon blows. The Accused said that no motive of Murder has been proved in this case. The court held that the objective crime code has no utility. However, the objective is useful in cases where there is no direct evidence and is based on circumstantial evidence. The court said that the prosecution case would not have deteriorated if it did not prove its purpose if it is proving it. The court said that the motive is always in the mind of the person committing the crime, after examining the evidence in depth the objective is proved.
Where there are definite evidence and statements of eyewitnesses who are proving their involvement in the crime, then the absence of not being able to prove their objective will not affect the prosecution case. However, in view of the circumstances of the case, the court considered the case under section 304 (Part 1), not considering it as 302 or 304(part 2).
About Matter :
This was the case in Tamilnadu, where the incident occurred during a beer party going on at friends. The accused was hit by a knife-like an object, which hit a delegated part of the body and the friend was killed. The police registered a case under 302 that the accused knew that death could be caused by the attack. The session court and the high court considered it as Murder.
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