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The apex court had yesterday found that there was no intention on the part of the accused to kill the victim.
It held that since it has not been proved that the accused had intention to kill, he cannot be held guilty of murder.
“What the court has overlooked is that Section 300 IPC, which defines murder, has 4 parts and only the first part requires intention to kill,” Katju said.
“If any of the other 3 parts are established, it will be murder even if there was no inention to kill,” the former Press Council Chairman stated.
Katju said it was “regrettable” that the court has not read Section 300 carefully.
“The judgement needs to be reviewed in an open court hearing,” he said.
Sourced from PTI, Featured image courtesy: www.postpickle.com
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