Bala Baine Linga Raju V/s State of A.P.

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2009-05-05
Case No: 911 of 2009
Case Type: Appeal (Criminal)
Judge Name: S.B. Sinha & Mukundakam Sharma
Subject: Criminal Law - Life Imprisonment
Statutes / Acts: Indian Penal Code, 1860
Section: Probation of Offenders Act, 1958 - ss. 4 and 5, 304 Part I IPC
Bench Strength: Double Bench
State of Appellant(s): Andhra Pradesh
Case Note / Description :

Appellant was inside the house. He admittedly was not a party to the quarrel. So far as he was concerned, neither PW-2 nor the deceased caused any provocation to him. The manner in which the assault had taken place must also be noticed inasmuch as he had injured the lung and heart of the deceased. [Para 9] [600-B-C] 2.1. S.300 IPC provides that culpable homicide would be murder if the act by which the death is caused is done with the intention of causing death or if it is done inter alia with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused. Once it is held that injury was caused on a vital part of the body with knowledge that it may cause death or such injury which is likely to cause death, the ingredients of provisions of s.300 must be held to have been proved in view of the decision of this Court in Virsa Singh. This case, thus, although attracts the principles of Virsa Singh in terms whereof it was possible to arrive at a conclusion that the appellant in fact is guilty of commission of an offence under s.302 IPC, in absence of any appeal having been preferred by the State from the judgment of conviction and sentence passed by the Trial Judge, this Court is not in a position to arrive at the said conclusion. [Paras 10, 13, 14] [600-C-D; 603-A-D] Virsa Singh v. State of Punjab AIR (1958) SC 465; Kesar Singh AND ANOTHER v. State of Haryana (2008) 6 SCALE 433; State of Andhra Pradesh v. Rayavarapu Punnayya and ANOTHER (1976) 4 SCC 382; Mohd. Asif v. State of Uttaranchal (2009) 3 SCALE 695 and Mavila Thamban Nambiar v. State of Kerala AIR 1997 SC 687 - referred to. 3.1. The Probation of Offenders Act, 1958 was enacted to provide for the release of offenders on probation or after due admonition and for matters connected therewith. S.4 of the said Act empowers the court to release a person on probation of good conduct, subject to the conditions that the offence is not punishable with death or imprison-ment for life. Only in the event, the provisions of the said Act are applicable, s.6 of the Act can be taken recourse to. [Paras 15, 16] [603-D-F] 3.2. Appellant was charged with commission of an offence under s.302 IPC. He has been found guilty under s.304 Part I thereof which provides for imprisonment for life or imprisonment of either description for a term which may extend to imprisonment for life. 

 
 
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