Supreme Court · 2007 INSC 718 · Decided 21 June 2007
Prabhakaran v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 2007 INSC 718 · [2007] 7 S.C.R. 1141
- Case number
- CRIMINAL APPEAL No. 775/2005
- Decided
- 21 June 2007
- Bench
- ARIJIT PASAYAT, D.K. JAIN (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304A, 302
Headnote
Penal Code, 1860: Section 304A-Causing death by negligence-Negligence and C rashness-Essential attributes of-Distinction between knowledge and intention-A boy aged 10 years was run over by a bus driven by the accused-­ Trial court found that no intention had been proved but, at the same time, under S.304 part 11-High Court D confirmed the conviction-Correctness of-Held:S.304A applies to rash and negligent acts and does not apply to cases where death has been voluntarily caused-This section does not apply to cases where there is an intention to cause death or knowledge that the
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)