STALIN versus STATE REPRESENTED BY THE INSPECTOR OF POLICE

Citation: [2020] 7 S.C.R. 283 · Decided: 09-09-2020 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Case Partly allowed

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Judgment (excerpt)

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[2020] 7 S.C.R. 283
283
STALIN
v.
STATE REPRESENTED BY THE INSPECTOR OF POLICE
(Criminal Appeal No. 577 of 2020)
SEPTEMBER 09, 2020
[ASHOK BHUSHAN, R. SUBHASH REDDY AND
M. R. SHAH, JJ.]
Penal Code, 1860 – s. 302, s. 304 and Exception IV to s.300
– Appellant-accused was convicted and sentenced u/s. 302 IPC –
Appellant contended that it was a case of single injury, s. 302 IPC
shall not be attracted and the case would fall u/s. 304-Part II IPC –
Held: There is no hard and fast rule that in a case of single injury
s. 302 IPC would not be attracted – It depends upon the facts and
circumstances of each case – In the instant case, PW-3 deposed
that when the victim-deceased served extra beer to two persons
who came from outside, the accused became angry and told the
victim why he was giving more beer to out-town people and not
giving to local people, thereafter problem started and in that scuffle
the accused took out the knife and stabbed from behind – As per
Exception IV to. s.300 IPC, culpable homicide is not murder if it is
committed in a sudden fight in the heat of passion – Considering
the facts and circumstances and the manner in which the incident
started, s.302 IPC shall not be attracted – However, the accused
inflicted blow with a weapon like knife and inflicted the injury on
the victim on vital part of the body, it is to be presumed that such
bodily injury was likely to cause death – Thus, the case would fall
u/s. 304-Part-I and not u/s. 304-Part II of the IPC.
Partly allowing the appeal, the Court
HELD: 1. There is no hard and fast rule that in a case of
single injury Section 302 IPC would not be attracted. It depends
upon the facts and circumstances of each case. The nature of
injury, the part of the body where it is caused, the weapon used in
causing such injury are the indicators of the fact whether the
accused caused the death of the deceased with an intention of
causing death or not. It cannot be laid down as a rule of universal
application that whenever the death occurs on account of a single
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SUPREME COURT REPORTS
[2020] 7 S.C.R.
blow, Section 302 IPC is ruled out. The fact situation has to be
considered in each case, more particularly, under the
circumstances narrated hereinabove, the events which precede
will also have a bearing on the issue whether the act by which the
death was caused was done with an intention of causing death or
knowledge that it is likely to cause death, but without intention
to cause death. It is the totality of the circumstances which will
decide the nature of offence. [Para 7.2][296-D-F]
2. Applying the law laid down by this Court in various cases,
more particularly the decisions on the single injury and the facts
on hand, it is required to be considered whether the case would
fall under Section 302 IPC or any other lesser offence. PW3, who
is an eye-witness to the incident right from the beginning, deposed
that when the deceased served extra beer to two persons who
came from outside, the accused became angry and told the
deceased why he is giving more beer to out-town people and not
giving to local people and thereafter the problem started and in
that scuffle the accused took out the knife and stabbed from
behind. [Para 9][297-E-F]
3. As per Exception IV to Section 300 IPC, culpable
homicide is not murder if it is committed without premeditation
in a sudden fight in the heat of passion upon a sudden quarrel and
without the offender having taken undue advantage and not having
acted in a cruel or unusual manner. In the present case, at the
place of incident the beer was being served; all of them who
participated in the beer party were friends; the starting of the
incident is narrated by P.W.3, as stated hereinabove. Therefore,
in the facts and circumstances, culpable homicide cannot be said
to be a murder within the definition of Section 300 IPC and,
therefore, in the facts and circumstances of the case narrated
hereinabove and the manner in which the incident started in a
beer party, this Court of the opinion that Section 302 IPC shall
not be attracted. [Para 10][297-H; 298-A-B]
4. Considering the totality of the facts and circumstances
of the case and more particularly that the accused inflicted the
blow with a weapon like knife and he inflicted the injury on the
deceased on the vital part of the body, it is to be presumed that
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causing such bodily injury was likely to cause the death.
Therefore, the case would fall under 

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