1999 INSC 0169
SUPREME COURT OF INDIA

Sasi alias Chalil Sasi

Vs.

State of Kerala

                                        (G.B.Pattanaik and M.B.Shah JJ.)

24.02.1999

                                                       ORDER

The Text below is only a summarized version of the order pronounced

Some of the accused have sustained some injuries but they are so negligible and insignificant that
the prosecution cannot be said to be obliged to explain those injuries. There is no material in the
cross-examination of the prosecution witness to indicate that the appellant accused gave the blow
only when some of the other accused had already sustained the injuries on their person caused by
the deceased and the accused cannot be held to be entitled to the benefit of Section 100 of the IPC.
The question was whether the blow given by the accused was done with the intention of causing the
death of the deceased. Though the accused had given one blow on the vital organ of the body it
cannot be held that he inflicted the blow with the intention of causing death and consequently the
offence should be one under Part II of Section 304 IPC and not under Part I. The appellant is
convicted under Section 304 Part II and sentenced to Rigorous imprisonment for four years.