Mahesh Balmiki v. State of M.P. [2000 SC] | Current Affairs & General Knowledge - CLAT PDF Download

In this case the accused gave a single fatal blow with knife on the chest on the left side of the sternum, fracturing both the ribs and track of the wound going through the sternum after passing the ribs and thereafter entering the liver and perforating a portion of stomach. Confirming the conviction under Section 302, the Supreme Court observed thus:

“Adverting to the contention of a single blow, it may be pointed out that there is no principle that in all cases of a single blow Section 302 IPC is not attracted. A single blow may, in some cases, entail conviction under Section 302 IPC, in some cases under Section 304 IPC and in some other cases under Section 326 IPC. The question with regard to the nature of offence has to be determined on the facts and in the circumstances of each case. The nature of the injury, whether it is on the vital or non-vital part of the body, the weapon used, the circumstances in which the injury is caused and the manner in which the injury is inflicted are all relevant factors which may go to determine the required intention or knowledge of the offender and the offence committed by him.”