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Jagtar Singh And Ors. vs State Of Punjab And Ors. on 3 December, 1971

32. Pertaining to Surender, learned counsel urged that evidence established that a verbal altercation took place before the act of stabbing; the verbal altercation was between Surender and the deceased and in the heat of the moment Surender gave a stab blow at the side of the chest but unfortunately at a wrong angle. With reference to the post- mortem report Ex.PW-12/A which noted the trajectory of the CRL.A. 702/2001 Page 23 of 39 wound, learned senior counsel pointed out that the knife traversed inward and upward towards the right side, entry wound being on the left side of the chest and unfortunately pierced the ventricle of the heart. Counsel urged that the intention to cause the death of the deceased could not be attributed to Surender with reference to his act. Learned counsel urged that at best a knowledge of a lesser degree referable to the third limb of Section 299 IPC i.e. that the injury caused was likely to cause death could be attributed to Surender and thus his conviction could be sustained only for the offence punishable under Section 304 Part-II IPC, for which submission learned senior counsel cited the decisions reported as 1983 SCC (Cri.) 459 Jagtar Singh vs. State of Punjab and 1983 SCC (Cri.)
Supreme Court of India Cites 8 - Cited by 200 - K K Mathew - Full Document
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