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Janak Khemsingh Marakam vs State Of Maharashtra on 23 April, 2003 cites

Niranjan Prasad & Ors vs State Of Madhya Pradesh on 14 March, 1996

7. The learned Advocate for the defence made a fable attempt to argue that the offence would not be of a murder but would be one punishable under section 304 Part I as being culpable homicide, not amounting to murder. He was, however, unable to pinpoint the exception under section 299 of I.P.C. under which the conviction could be reduced to fall under section 304 Part I. He also referred to two judgments. The first being in the case of Niranjan Prasad v. State of M.P., reported in 1996 Cri.L.J. 1987, in which the Apex Court on the facts of the case allowed an appeal against conviction in an offence of murder on the ground that the testimony of the eye-witnesses was to the effect that the deceased and injured were assaulted with sharp cutting weapon but was not corroborated by medical evidence which indicated that the deceased was injured by blunt weapon only. In our opinion, this ruling will not apply to the present case. In the present case, the sole eye-witness does not indicate as to whether the injury was caused by the sharp edge of the axe or by its blunt ends. The doctor has clearly opined that this injury was possible from the side of the weapon where the blade had a joint. To our mind, this could only mean that the injury was possible from the blunt part of the blade, other than its sharp side.
Supreme Court of India Cites 1 - Cited by 13 - M K Mukherjee - Full Document
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