Here you will find the important 308 IPC judgments of passed / rendered by Hon’ble Supreme Court of India.
Before reading any judgment, it is better to read the section 308 of Indian Penal Code, which will help you understand the judgments. The extract of section 308 IPC is as follows : –
Section 308 of Indian Penal Code : Attempt to commit culpable homicide.—Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Illustration A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section.
Essentials of Culpable Homicide:
- Whoever causes death or bodily injury which is likely to cause death : For this Section, death is of a human being and does not include the death of an unborn child. However, it is not necessary that the individual whose death was caused is that very individual whose death was intended.
- Doing of an Act: In the criminal law, actus reus is an important concept. It means that the criminal should have acted in furtherance of his/her intention to cause harm (in this case, death). Thus, an act can be an action i.e. an external conduct by the criminal or an omission by him/her.
- Intention to cause death: Intention means an expectation of a consequence of an act or omission by the criminal. Thus, intention to cause death or such injury to the body (or with knowledge) that such injury is likely to cause death is an important aspect in order hold an accused guilty of culpable homicide.
Punishment for culpable homicide amounting to murder, and culpable homicide not amounting to murder have been given in the Indian Penal Code.
The following are the important Supreme Court judgments on 308 IPC : –
- Omanakkuttan & Ors. Vs. State of Kerala
- Bishan Singh & Anr. Vs. The State
- Sumer Singh Vs. Surajbhan Singh and others
- Shiv Kumar Jatia Vs. State of NCT of Delhi
- Binoy & ANR. Vs. State of Kerala
- Bhagwan Singh Vs. State of Uttarakhand
- Bhagwan Sahai and ANR. Vs. State of Rajasthan
Tags: 308 IPC Judgments, 308 IPC Judgments