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Injury must be cause of death for conviction under Section 302

The Supreme Court has held that the sufficiency of injury to cause death must be proved to sustain a conviction under Section 302 of Indian Penal Code and that cannot be inferred from the fact that death has taken place. Three Judge Bench comprising of the Chief Justice, T.S. Thakur, Justices A.K. Sikri and R. Banumati, in Nankaunoo vs State of UP, modified conviction of an a person who was convicted for murder as that under Section 304 Part 1 IPC. In this case, the appellant was accused of killing the deceased using a country made pistol which was never recovered during investigation. Relying on the oral testimony and medical report, the Trial Court had convicted the accused. The High Court affirmed conviction. He approached Apex Court.

 Article referred: http://www.livelaw.in/sufficiency-of-injury-to-cause-death-must-be-proved-to-sustain-a-conviction-under-section-302-ipc-sc/

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