Supreme Court of India
Gokul Parashram Patil v. State of Maharashtra
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From the headnote
Conviction under s. 302 Penal Code b2se-l on sole injury on non-vital part-If injury caused by the assailant was not intended to cause dearh clause thirdly of s.30 Penal Code will not be attracted and the conviction and sentence should be under Part I! of sertion 304 Penal Code. The appellant attacked one Ania with a knife giving the latter a single blow above the left clavicle where it caused a muscle-deep incised wound having the dimensions 1-1/4" x 1 /3". The autopsy surgeon, while certifying the existence of that wound, also found that the superior venacava had been cut, the damage so
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