Supreme Court Changes Murder Conviction to Culpable Homicide Under Doctrine of Transfer of Malice

Supreme Court Changes Murder Conviction to Culpable Homicide Under Doctrine of Transfer of Malice

  • Case Name: Ashok Saxena V State of Uttarakhand
  • Judge(s): Justice J.B.Pardiwala & Justice R. Mahadevan

The Supreme Court recently modified the conviction from murder to culpable homicide not amounting to murder in a 1992 case by applying the doctrine of transmigration of motive. 

The accused, with a knife, trespassed into the informant's house intending to assault him. However, the informant’s wife intervened and suffered a fatal knife injury.

The Trial Court acquitted the accused, but the High Court later convicted him. 

The Supreme Court, citing cases like Jagpal Singh v. State of Punjab and Abdul Ise Suleman v. State of Gujarat, applied Section 301 IPC.

Considering his age (74), his sentence was reduced to time served.

Court Judgement / 10 months ago

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