Intention To Cause Death Immaterial If Prosecution Proves Ingredients Of “Thirdly” Of Section 300 IPC
Case: Vinod Kumar V. Amritpal @ Chhotu & Ors.
Coram: Justices Ajay Rastogi and AS Oka
Case No.: Criminal Appeal No. 1519 Of 2021
Court Observation: “We are constrained to observe that the High Court adopted an easy method of accepting the only contention canvassed that the offence made out was culpable homicide not amounting to murder. As noticed earlier, the High Court ignored that there were injuries on the vital parts of the body of the deceased. The High Court did not notice that all the elements of “thirdly” in Section 300 were established.”
“It does not matter that there was no intention even to cause the injury of a kind that is sufficient to cause death in the ordinary course of nature. Even the knowledge that an act of that kind is likely to cause death is not necessary to attract “thirdly”.
“To put it shortly, the prosecution must prove the following facts before it can bring a case under S. 300, “Thirdly”
“Once the prosecution establishes the existence of the three ingredients forming a part of “thirdly” in Section 300, it is irrelevant whether there was an intention on the part of the accused to cause death. As held by this Court in the case of Virsa Singh (supra), it does not matter that there was no intention even to cause the injury of a kind that is sufficient to cause death in ordinary course of nature. Even the knowledge that an act of that kind is likely to cause death is not necessary to attract “thirdly”.
“The view taken by High Court in the impugned Judgment and order that the offence under Section 300 was not made out is not even a possible view which could have been taken on the basis of the evidence on record. As we are of the view that the High Court has committed a gross error by applying Section 304 Part II of IPC, the Judgment and order of the High Court will have to be set aside and the judgment and order of the Sessions Court will have to be restored,”
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