Gudar Dusadh v. State of Bihar [1972 SC]

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In this case, one lathi blow was inflicted on the head which proved to be fatal. While upholding the conviction under Section 302 of the Penal Code, a three Judge Bench of the Supreme Court laid down the following law:

“The fact that the appellant gave only one blow on the head would not mitigate the offence of the appellant and make him guilty of the offence of culpable homicide not amounting to murder. The blow on the head of Ramlal with lathi was plainly given with some force and resulted in a 3” long fracture of the left parietal bone. Ramlal deceased died instantaneously and as such, there arose no occasion for giving a second blow to him. As the injury on the head was deliberate and not accidental and as the injury was sufficient in the ordinary course of nature to cause death, the case against the appellant would fall squarely within the ambit of clause “3rdly” of Section 300.”

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