Comment : A case where a person shoots to kill his adversary but ends up killing his wife – is convicted of murder by aid of S.301 – The Court holds that his malice/intention transferred to the wife of intended victim – it is also pertinent to note that S.299/300 talks about whoever causes […]Read More Transmigration of motive/Transfer of Malice – S.299/300/301 IPC
CASE NOTE : A true classic on Transmigration of Motive/Transfer of Malice cases. In this case the accused gave poisoned halwa to X who having enough to make him sick, threw it away – which was eaten by two children who died. Accused was held liable for death of these two children by aid of :- […]Read More Transfer of Malice under Indian Penal Code.
Comment : The Court summed up the law on death caused under supposed circumstances. The Law in a nutshell is examine the initial mens rea ? and not the latter one because when the person takes another to be dead and then hangs him up to potrray this as a suicide he has mens rea only […]Read More Murder under Supposed Circumstances