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Criminal · Reportable judgment

Ashok Saxena vs The State of Uttarakhand Etc.

Court
Supreme Court of India
Date
30 January 2025
Case No.
Criminal Appeal No(s). 1704-1705 of 2015
Result
Disposed
Bench
J.B. Pardiwala, R Mahadevan
Citation
[2025] 1 S.C.R. 1454 : 2025 INSC 148
Acts & Sections
CrPC IPC
Supreme Court Reports [2025] 1 S.C.R. 1454 : 2025 INSC 148
Issue for consideration
Whether the High Court committed any error in holding the appellant guilty of the offence of murder.
Headnote

Penal Code, 1860 – s.301, exception 4 to s.300, s.304 Part-I – Murder – Culpable homicide by causing death of person other than person whose death was intended – Culpable homicide not murder if it is committed without premeditation in a sudden fight – When – On facts, altercation between the parties – Appellant armed with knife and co-accused with hockey stick trespassed into the house of the first informant with the intention to lay an assault on him – Informant’s wife intervened and in the process the appellant alleged to have inflicted knife blow in the abdomen of the wife, resulting in her death – Trial court acquitted the appellant, however, the High Court convicted him u/s.302 – Correctness: Held: Even for the sake of argument, the appellant had no intention to cause death of the deceased, the doctrine of transfer of malice, as contemplated u/s.301 applicable to the instant case and the appellant would be guilty u/s.302 – Having regard to the genesis of the occurrence, the case falls within exception 4 to s.300 – Impugned judgment modified – Appellant to be convicted for the offence punishable u/s.304 Part-I and sentence reduced to the period already undergone since incident is of 1992 and that the appellant is aged 74 years. [Paras 36-46]

Keywords: Murder · Culpable homicide by causing death of person other than person whose death was intended · Altercation between the parties · Intention to lay assault · Doctrine of transfer of malice

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. These appeals arise from the judgment and order passed by the High Court of Uttarakhand at Nainital dated 20-01-2015 by which the appeal filed by the State of Uttar Pradesh came to be allowed and thereby the judgment and Order of acquittal passed by the Trial Court in Sessions Case No. 204 of 1994 came to be set aside. 2. Since, we intend to dispose of this appeal on a short ground we need not reproduce the facts or rather the case of the prosecution in details. We borrow the facts as stated by the High Court in its impugned judgment and order. We quote the relevant part of the High
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