Supreme Court of India · 1967-11-14
HARJINDER SINGH ALIAS JINDA vs DELHI ADMINISTRATION
- Citation / case number
- SC 1965/169
- Court
- Supreme Court of India
- Petitioner
- HARJINDER SINGH ALIAS JINDA
- Respondent
- DELHI ADMINISTRATION
- Bench
- SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that the appellant's conviction under Section 302 IPC for murder was not sustainable as the requisite intention and knowledge were not established. The Court found that the appellant did not intend to cause the fatal injury to Kewal Kumar, who was in a crouching position, thus applying Clause 3 of Section 300 IPC was inappropriate. However, the Court concluded that the appellant acted with the intention to cause injury likely to cause death, which fell under Section 304 Part 1 IPC, leading to a conviction for culpable homicide instead of murder.