Case analysis – virsa singh vs state of punjab

Case analysis

 

Virsa singh vs state of punjab

1958, supreme court of india

Introduction

  • The appellant in this case virsa singh, he was reportedly guilty of the murder of khem singh and due to which the appellant was sentenced to life imprisonement under IPC section 302.
  • Khem singh only had an injury which was caused by a spear.
  • It was told by the doctor that the injury was enough to cause death in the normal or ordinary course or nature of action.
  • It was concluded by the judge that the accused only caused serious injury and the third clause of section 300 of the ipc applied.
  • The high court upheld the conviction and it was decided/argued that the third clause of sec 300 did not apply and it was proved that the accused inflicted the bodily injury and the bodily injury intended to the inflicted is enough in the ordinary course of nature to cause death.

 

Session court analysis

Th session court concluded that virsa singh, the accused really to cause khem singh’s death but a hasty and foolish act led to the incident.

Based on the facts, it said that the case falls under section 300 ‘third clause’ and virsa singh should be convicted under the indian penal code , section 302.

 

Arguments involved

It was argued that the facts above does not disclose the crime of murder because it was still not  proved whether there was a strong intention to cause the bodily injury that would in the normal or ordinary course of nature would cause death or not.

Sec 300 cited “ if this is done with an intention to cause bodily injury to a person with an intention of causing bodily injury is sufficient in the normal course of nature to cause death.

It was stated that the intention for which the clause is required must be related , not only to the cause bodily injury which is enough in the ordinary course to cause death.

 

Supreme court observations

The hon’ble supreme court observed

If there is an intention to cause the bodily injury to cause death which is enough in the ordinary course of the nature to cause the death , then the intention maybe is to kill and in that event , the third clause shall he unnecessary as this act would fall under the first part of the section.

It has a differ view between the two clauses.

Clause 1 is subjective to the offender

“If it is done with the one intention to cause the bodily injury to any person.

It must then , be found first that their was bodily injury and the nature of injury must be established, these are purely facts , but then it comes to intent , it is subject to offender and must be proved that he has the cause of bodily injury that exists and once found, the probe changes

“Intent to cause bodily injury is sufficient in the ordinary course of nature to cause death.

 

Decision

The court decided that it is not enough to prove that the injury caused in this case is not enough to cause the death in the normal or ordinary course of action but the injury present was the one intended to be inflicted .

It granted a four point test, which the prosecution must look and proved the case so that it could be brought under the section.

  1. It should show that a physical injury existed.
  2. The nature of the injury should be known or proved.
  3. A particular bodily injury was intended which was nor accidental or unintentional.
  4. It should be proved that these three conditions should be enough to prove that it was intended to cause death in the normal course of the nature.

And hence, if these conditions were fulfilled, then the offender is guilty under section 300( third clause).

This third clause of sec 300 includes two parts.

First, that the intention of the offender was to injure the person and secondly it was enough to cause death in the normal course of action.

 

Held

Hence the final judgement was that the accused was guilty under sec 300 and he was punished accordingly.

 

 

Leave a Reply

BARE ACTS Courses Draft and Documents

ACV 10X Keto Gummies Canada: Reviews, Ingredients, (2022 Discount), Offers, Price, Buy Here…!

✅Visit The Official Website To Get Your Bottle Now✅ ✅Visit The Official Website To Get More Discount Now✅ ✅Visit The Official Website To Get 50% Off Now✅ ➤Product Name – ACV 10X Keto Gummies Canada ➤Category – Health ➤Side effects – NA ➤Sale price – Best price ➤Product Availability – Available in Stock ➤Rating -⭐⭐⭐⭐⭐ […]

Read More
Courses Draft and Documents Events Interns

ACV Keto Gummies: Best Reviews (Burn Stores Fat) Is It Scam Or Safe? Where To Buy?

✅Visit The Official Website To Get Your Bottle Now✅ ✅Visit The Official Website To Get More Discount Now✅ ✅Visit The Official Website To Get 50% Off Now✅ ➤Product Name – ACV Keto Gummies ➤Category – Health ➤Side effects – NA ➤Sale price – Best price ➤Product Availability – Available in Stock ➤Rating -⭐⭐⭐⭐⭐ ➤Official Website […]

Read More