Person Guilty Of Murder Even When He Mistakenly Kills Another Person: Supreme Court Applies ‘Doctrine Of Transfer Of Malice’
Case: Nanhe v. State of UP
Coram: Justices Abhay S. Oka and Justice Pankaj Mithal
Case No.: CRIMINAL APPEAL NO. 2791 OF 2023
Court Observation: “An example could be given of a person who had intention to kill a person but by mistake kills another person, then he would still be held guilty of committing murder even in the absence of intention to kill that particular person.”
“If a person has an intention to commit an offense or cause the death of any person but kills one whose death he never intended to cause, he would still be guilty of causing death.”
“the intention to kill some other person is not material in as much as he had the intention of committing the aforesaid offense though accidentally he might have killed another person.”
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Keywords
Person Guilty Of Murder Even When He Mistakenly Kills Another Person, Doctrine Of Transfer Of Malice, Supreme Court
