ANANTA KAMILYA Vs. STATE OF WEST BENGAL
LAWS(SC)-2020-1-6
SUPREME COURT OF INDIA
Decided on January 07,2020

Ananta Kamilya Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Cited Judgements :-

STALIN VS. STATE REPRESENTED BY THE INSPECTOR OF POLICE [LAWS(SC)-2020-9-12] [REFERRED TO]
POORAN LAL JANGHEL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-1-124] [REFERRED TO]


JUDGEMENT

M.R.SHAH, J. - (1.)Feeling aggrieved and dissatisfied with the impugned judgment and order dated 14.03.2017 passed by the High Court of Calcutta in Criminal Appeal No. 8 of 2013, by which the High Court has dismissed the said appeal preferred by the appellantaccused and affirmed the conviction of the accused for the offence punishable under Section 302 of the Indian Penal Code (for short 'the IPC'), the convicted accused has preferred the present appeal.
(2.)At the outset, it is required to be noted that this Court issued limited notice in the present appeal so as to consider whether the case would fall under Section 304 IPC.
(3.)Learned Counsel appearing on behalf of the accused has vehemently submitted that there was no intention on the part of the accused to cause the very injury which ultimately led to the death of the deceased.
3.1 It is further submitted by the learned Counsel appearing on behalf of the appellant that there was a single injury inflicted on the deceased after some altercation. It is submitted that there was no premeditation or intention to kill. It is submitted that even the accused did not bring any weapon/lathi and on the spur of the moment and during the altercation, he caused the injury on the deceased by lathi which was lying there. It is submitted that therefore the offence committed does not amount to murder in view of Exception 4 to Section 300 IPC. It is further submitted by Learned Counsel appearing on behalf of the accused that even the deceased was taken to different hospitals and he died after a period of seven days. Making above submissions it is prayed to set aside the conviction for the offence punishable under Section 304 IPC and to convert the same into either Section 304 Part I or Section 304 Part II of the IPC.

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