Criminal Lawyer: The accused can be liable for Murder, even in case of single blow, at vital part of the body, causing death; SC.

Supreme Court of India

Justice M R Shah

The SC {State of MP versus Kalicharan and others} was seized of the issue, in which the High Court, had converted the conviction of one of the respondents /accused to one under Section 304 part II IPC.

It was held by the SC that as the fatal blow was on vital part of the body of the deceased, by one of the respondents (Shri Ram Avtar), the High Court committed error in converting the conviction of the said accused, to one under Section 304 part II IPC.

Further, as the blow was on vital part, therefore, the conviction was converted by the Supreme Court from Section 304 part II IPC to Section 304 part I IPC. And also held that even a single blow on vital part, may cause the accused liable for offence under Section 302 IPC. But in the facts of the present case, as it was free fight, and the weapon used was farsa. It was held in view of that, the conviction would be one falling under Section 304 part I IPC. The appeal of the state was accordingly partly allowed, modifying the conviction, and consequent enhancement of sentence of the said accused by the SC.