Case Note & Summary
The accused, Virsa Singh, thrust a spear into the abdomen of the deceased, causing a fatal wound. The doctor opined that the injury was sufficient to cause death in the ordinary course of nature. The Sessions Judge found that the accused intended to cause grievous hurt only, but applying the third clause of Section 300 of the Indian Penal Code, convicted him of murder under Section 302. The High Court affirmed the conviction. Before the Supreme Court, the appellant contended that the third clause of Section 300 could only apply if the prosecution proved that the accused specifically intended to inflict a bodily injury that was sufficient in the ordinary course of nature to cause death. The State maintained that the clause was satisfied because the injury was intentional and deadly. The Court, speaking through Vivian Bose J., analyzed the requirements of Section 300 thirdly. It held that the prosecution must establish four elements: (1) the presence of a bodily injury, (2) the nature of that injury, both objectively; (3) an intention to inflict that particular injury, i.e., the injury was not accidental or unintentional; and (4) that the injury, objectively assessed, was sufficient to cause death in the ordinary course of nature. The third element is subjective, the fourth inferential. The Court clarified that the clause consists of two parts: the fi rst dealing with the intention to inflict the injury, and the second with the injury’s lethal potential. The phrase “and the bodily injury intended to be inflicted” is descriptive—it means that once it is proved that the injury actually inflicted was intended and that it is sufficient to cause death, the clause is satisfied. It is not necessary to prove that the accused intended to cause death or knew that the injury would result in death. The State had discharged its burden, and the conviction under Section 302 was upheld. The appeal was dismissed.
Headnote
A) Criminal Law - Culpable Homicide Amounting to Murder - Requirements for conviction under Section 300 thirdly - Indian Penal Code, 1860, Section 300 thirdly - In order to convict under Section 300 thirdly, the prosecution must prove: (1) presence of a bodily injury; (2) the nature of the injury; (3) intention to inflict that particular injury; and (4) that the injury was sufficient to cause death in the ordinary course of nature - Held that all four elements must be established, the first two being objective and the third being subjective, while the fourth is inferential (Paras not specified). B) Criminal Law - Interpretation of Section 300 thirdly - Two parts of the clause - Indian Penal Code, 1860, Section 300 thirdly - The clause comprises a subjective requirement (intention to cause the particular injury) and an objective requirement (the injury being sufficient to cause death in the ordinary course of nature) - The phrase 'and the bodily injury intended to be inflicted' is descriptive and requires proof that the injury actually inflicted was intended, not that the accused intended to cause death - Held that it is enough if the injury intended is the one that was inflicted and it was sufficient to cause death (Paras not specified).
Issue of Consideration
Whether the accused can be convicted under Section 302 read with Section 300 thirdly of the Indian Penal Code without proof that he intended to cause the particular bodily injury that was sufficient to cause death in the ordinary course of nature.
Final Decision
The Supreme Court dismissed the appeal, upholding the conviction under Section 302. The Court held that the prosecution must prove: (1) a bodily injury was present; (2) the nature of the injury; (3) the accused intended to inflict that particular injury; and (4) the injury was sufficient to cause death in the ordinary course of nature. Once these elements are established, the clause applies irrespective of whether the accused intended to cause death or knew that the injury would cause death.
Law Points
- Prosecution must prove presence of bodily injury
- nature of injury
- intention to inflict that particular injury
- and that injury was sufficient to cause death in ordinary course of nature. Third clause of Section 300 IPC consists of two parts: intention to inflict the injury and sufficiency of injury to cause death. Words 'and the bodily injury intended to be inflicted' are descriptive. It is not necessary to prove intention to cause death
- only intention to cause the specific injury that proved fatal.
