The court in the case observed that the appellant in the case had no intention to kill the deceased as he had fired with an intention to settle his score with another person Mahendra with whom he had entered into the harsh argument.
It has been held by the said court that it had made no difference since ‘Doctrine of Transfer of Malice or Transmigration of Motive’ provides that where there is ‘mens rea’ of committing an offence and it can be transferred to another.
The Supreme Court bench comprising of Justices Abhay S. Oka and Justice Pankaj Mithal in the case was hearing the appeal against the Allahabad High Court judgment wherein it has been upheld that the conviction of the appellant under section 302 IPC in a murder case.
The court also illustrated an example could be given of a person who had the intention to kill a person but by mistake kills another person, then he would still be held guilty of committing the murder even in the absence of intention to kill that particular person.
Bu hikaye The Business Guardian dergisinin November 24, 2023 sayısından alınmıştır.
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Bu hikaye The Business Guardian dergisinin November 24, 2023 sayısından alınmıştır.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Giriş Yap
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