In Brief
In this criminal appeal, the Supreme Court considered whether Ram Kailash's act of firing a gun from a motorcycle at two persons, resulting in the death of Mangla Ram six days later, constituted murder (Section 302 IPC) or lesser culpable homicide (Section 304 Part-I IPC). The High Court had altered the conviction to Section 304 Part-I, reasoning that the accused did not know which person on the motorcycle he would hit. The Supreme Court reversed the High Court, holding that the doctrine of transfer of malice under Section 301 IPC applies. Although the accused may not have known the victim's identity, he knew his shooting act was likely to cause death. The gunshot wound was substantial and fatal, clearly falling within Section 300 IPC. The Court restored the conviction and sentence for murder under Section 302 IPC."
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