Laxman S/O Uttam Tajne vs The State Of Maharashtra Through Police ... on 12 June, 2002
16. The next ruling upon which reliance has been placed by learned A.P.P. is State of Karnataka v. Vedanayagam (supra). In this case the High Court had held that there was no pre meditation and that accused could not be said to have intended to cause death. The High Court, therefore, converted the conviction from Section 302 of the I.P.C. to Section 304 Part II of the I.P.C. The Apex Court, however, found that there was evidence on record showing that the accused intended to cause that particular injury which was objectively found to be sufficient in ordinary course of nature to cause death. Therefore, the Apex Court set aside findings of the High Court and convicted the accused under Section 302 of the Indian Penal Code. The nature of injury in this case was also taken into consideration. The injury was serious and brought about instant death. The blow was aimed at chest, injury was inflicted with great force with deadly weapon on the vital part. It entered the thoracic cavity, passed through sternum, injured lower lobe of left lung and entered the chamber off the left ventricle.