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    National Law Institute University Bhopal: Analysis of The Case

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    Kunal Sharma
    The Supreme Court case of Litta Singh & Anr v. State of Rajasthan involved an appeal of a conviction under Section 302 IPC (murder) related to the beating death of a victim. While the appellants inflicted injuries with weapons, the Court found they lacked intent to kill. However, they knew such bodily injuries were likely to cause death, so the Court modified the conviction to culpable homicide not amounting to murder under Section 304 Part II IPC and sentenced the appellants to 10 years imprisonment. The ratio decidendi was that the intention to cause death or the knowledge that death will probably be caused is important to determine if a killing constitutes murder.

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    National Law Institute University Bhopal: Analysis of The Case

    Uploaded by

    Kunal Sharma
    104 views5 pages
    The Supreme Court case of Litta Singh & Anr v. State of Rajasthan involved an appeal of a conviction under Section 302 IPC (murder) related to the beating death of a victim. While the appellants inflicted injuries with weapons, the Court found they lacked intent to kill. However, they knew such bodily injuries were likely to cause death, so the Court modified the conviction to culpable homicide not amounting to murder under Section 304 Part II IPC and sentenced the appellants to 10 years imprisonment. The ratio decidendi was that the intention to cause death or the knowledge that death will probably be caused is important to determine if a killing constitutes murder.

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    common law method

    Original Title

    CLM Project

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    The Supreme Court case of Litta Singh & Anr v. State of Rajasthan involved an appeal of a conviction under Section 302 IPC (murder) related to the beating death of a victim. While the appellants inflicted injuries with weapons, the Court found they lacked intent to kill. However, they knew such bodily injuries were likely to cause death, so the Court modified the conviction to culpable homicide not amounting to murder under Section 304 Part II IPC and sentenced the appellants to 10 years imprisonment. The ratio decidendi was that the intention to cause death or the knowledge that death will probably be caused is important to determine if a killing constitutes murder.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    104 views5 pages

    National Law Institute University Bhopal: Analysis of The Case

    Uploaded by

    Kunal Sharma
    The Supreme Court case of Litta Singh & Anr v. State of Rajasthan involved an appeal of a conviction under Section 302 IPC (murder) related to the beating death of a victim. While the appellants inflicted injuries with weapons, the Court found they lacked intent to kill. However, they knew such bodily injuries were likely to cause death, so the Court modified the conviction to culpable homicide not amounting to murder under Section 304 Part II IPC and sentenced the appellants to 10 years imprisonment. The ratio decidendi was that the intention to cause death or the knowledge that death will probably be caused is important to determine if a killing constitutes murder.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 5

    Litta Singh & Anr v.

    State of Rajasthan

    NATIONAL LAW INSTITUTE UNIVERSITY


    BHOPAL

    Common Law Method


    Project
    On

    Analysis of the Case:


    Litta Singh & Anr v. State of Rajasthan
    AIR 2013 SC 2554

    Submitted to

    Prof (Dr) Ghayur Alam

    Submitted by

    Kunal Sharma

    2013 BALLB 63
    Litta Singh & Anr v. State of Rajasthan

    Contents
    Objective..........................................................................................................................................3
    Concrete Facts.................................................................................................................................4
    Material Facts considered by the court............................................................................................4
    Concrete Decision............................................................................................................................5
    Ratio Decidendi of the Case............................................................................................................5
    Litta Singh & Anr v. State of Rajasthan

    Objective
    The objective of this project is to analyse the case Litta Singh & Anr v. State of Rajasthan
    and in furtherance of the objective, separate the material facts from the concrete and
    immaterial ones and to determine the ratio decidendi of the case.
    Litta Singh & Anr v. State of Rajasthan

    Concrete Facts
    The case has been filed under the Criminal appellant jurisdiction of Supreme Court of India,
    citation : AIR 2013 SC 2554

    On the day of the incident, hearing the voice MARO MARO coming from the side of lane in
    front of the house of the complainant along with three more villagers ran towards the place from
    where the voice was coming. There they saw that accused and his two sons Litta Singh and
    Kalla Singh (appellants herein) were beating the victim in question with lathis and gandasi.
    They inflicted injuries on head with gandasi and gave beatings with lathis. The complainant and
    the others shouted upon which the appellants and the accused ran away from the scene and the
    victim was taken to hospital wherein he died. On investigation the weapons of offence were
    recovered from the accuseds house. The doctor found that all the injuries were ante mortem
    and the deceased died due to shock and coma arising out of head injury.

    Material Facts considered by the court

    Maro Maro which means to assault or beat up was heard as opposed to Mardo
    Mardo which means to kill.
    The use of gandasi (sickle) and lathis as weapons against the victim.
    The nature of the deceaseds injury i.e. ante mortem
    Litta Singh & Anr v. State of Rajasthan

    Concrete Decision
    The decision of the Supreme Court was given by P. Sathasivam, J (now CJ) and M.Y. Eqbal, J.

    In the facts and circumstances of the case, in our considered opinion, the instant case falls
    under Section 304 Part II IPC as stated above. Although the appellants had no intention to
    cause death can safely be inferred that the appellants knew that such body injury was
    likely to cause such death, hence the appellants are guilty of culpable homicide not
    amounting to murder and are liable to be punished under Section 304 Part II IPC.22.

    Accordingly, we modify the judgment of the trial court and the High Court and convert the
    conviction under Section 302 to 304 Part II IPC, and sentence the appellants to ten years
    imprisonment. The appeal is, therefore, disposed of with the modification in the conviction
    and sentence as indicated above.

    Therefore held that, although the appellants had no intention to cause death but it can safely be
    inferred that the appellants knew that such bodily injury was likely to cause death, hence the
    appellants are guilty of culpable homicide not amounting to murder and are liable to be punished
    under Section 304 Part II IPC.

    Ratio Decidendi of the Case


    The intention to cause death with the knowledge that the death will probably be caused, is
    very important consideration for coming to the conclusion that death is indeed a murder with
    intention to cause death or the knowledge that death will probably be caused.

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