Bhikhari Pandey @ Ganpati Pandey VS State of Bihar - 26 Jun 18

Intention to commit murder cannot be presumed.

India - Crimes


Neither intention to commit murder not participation by io-accused in the occurrence.

India - Madras

SALIM VS STATE OF U. P. - 04 Aug 09

(Indian) Penal Code, 1860—Sections 307 and 302—Murder—Attempt to murder—Conviction—Sustainability of—Appellant contracted marriage with deceased—Post-mortem examination report proved by doctor—Appellant had requisite intention to commit murder—Preplanned murder—Criminal intention shown—Repeated blow by sharp edged weapon on vital parts of body causing damage to internal organs of deceased—Unerringly indicates intention to commit murder—Case of prosecution squarely falls in more than one clause of Section 300 of IPC—Witnesses supported prosecution version in all its material aspects—Conviction upheld.Appeal Dismissed.

India - Allahabad

Narayan Aba Pawar VS State of Maharashtra - 31 Jan 14

[INDIAN] PENAL CODE, 1860 - Sections 302 and 34 Conviction under. Since where intention of accused persons was only to cause grievous injuries to complainant party and not to commit murder therefore accused persons liable to be convicted under Section 304, Part II and not under Section 302, IPC.[INDIAN] PENAL CODE, 1860 - Sections 302, 304, Part II, 324 and 34 Conviction under Section 302/324/34. Where intention of accused persons was not to commit murder but only to cause grievous injuries to complainant party therefore their conviction under Section 302, IPC converted into Section 304, Part II, IPC. Since the intention of the accused was not to commit murder of any person from the complainant side, the inference that the accused shared intention of either one or other the other accused in causing death of ’T’ is not correct. One of the accused who had crossed the intention and had inflicted fatal blow had committed murder of deceased ’T’. How...

India - Maharashtra

Pabuda VS State (168) - 13 Sep 90

Penal Code, Sec. 302 and 304 A—Quarrel occur between the parties and scuffle taken place—Negligently driving the tractor and without any intention to commit murder drove the tractor over the body of deceased—The ingredient of intention to commit murder is missing. (Para 8)

India - Rajasthan

Raghu Hari VS State of Jharkhand - 15 Apr 15

Indian Penal Code, 1860—Sections 302/34—Murder—Common intention—Conviction—Evidence of eye-witnesses corroborated by medical evidence and by objective finding of Investigating Officer—Appellant had motive to commit murder of deceased and other appellants had no mens rea to commit murder of deceased—Conviction and sentence modified.

India - Jharkhand


(Indian) Penal Code, 1860—Sections 147, 149, 324, 323 and 307—Attempt to murder—Grievous hurt—Conviction—Sustainability of—FIR not delayed—Broad day light incident—No mistake of identity—No element of previous enmity—No damage to any vital part nor any internal injury has been reported—No offence made out under Section 307—No intention to commit heinous crime—Only intention to cause hurt—No motive or intention to commit an attempt to murder—Incident occurred with active participation of appellants—Nature of injuries confirm ingredients of Sections 323 and 324 of IPC—Conviction upheld.

India - Allahabad

Podiyan @ Valuthakunju Erathu VS State of Kerala Circle Inspector of Police - 01 Mar 16

Indian Penal Code, 1860 - Sections 300 and 307 - Meaning of "intention" under IPC - Intention to injure - Intention to murder - Held, The appellant had no intention to commit murder - He inflicted an injury with MO1 which is an offence under - the conviction and the sentence passed by the trial court is set aside. The appellant is convicted and sentenced thereunder - Allowed.

India - Kerala

Sudhir Kumar VS State of Haryana - 14 Jan 19

It is the intention of the accused to commit murder that attracts section 302 IPC.

India - Supreme Court


INDIAN PENAL CODE, 1860 - Sections 302, 304 r/w Section 299 & 300: [K.L. Manjunath & Jawad Rahim, JJ] Culpable homicide not amounting to murder - Trial court acquitted the accused for the offence under Section 302 and convicted under Section 304, Part-II by Sessions Court - State appeal against - Held, Sessions Judge has noticed the circumstances which made the accused commit such assault on the family members. That itself showed that he was not mentally stable and indulged in act of harming his own loved ones. Sessions judge was right in accepting the clinching evidence to establish that the accused was mentally unstable and id not have clear intention to commit the murder. No interference.INDIAN PENAL CODE, 1860 - Sections 302, 300 & 304 Part II: [ K.L.Manjunath & Jawad Rahim,JJ] Murder - Accused was mentally disturbed man and was under depression due to financial crisis - He assaulted his wife and young sons with weapons on trivial issue whe...

India - Karnataka