HARENDRA NATH MANDAL vs THE STATE OF BIHAR

The Supreme Court held that Section 304 IPC pertains to culpable homicide not amounting to murder, and it distinguishes between cases where intention to kill is present and where only knowledge of likely death exists. The Court found that since the victim survived the injuries inflicted by the appellant, the conviction under Section 304 Part 1 was not justified. Consequently, the Court allowed the appeal, setting aside the High Court's conviction and sentence under Section 304, and emphasized the need for a proper assessment of the circumstances surrounding the incident, including the injuries sustained by the accused.