Supreme Court of India

State Tr. P.S. Lodhi Colony, New Delhi v. Sanjeev Nanda

Neutral citation

Reported as [2012] 12 S.C.R. 881

Bench Deepak Verma and K.S. Radhakrishnan JJ.

Decided 3 August 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

7 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the considered view that looking to the nature E and manner in which accident had taken place, it can safely be held that he had no intention to cause death but certainly had the knowledge that his act may result in death.

Judgment, page 64

From the headnote

Penal Code, 1860 - s. 304 (Part II) - Motor accident - Causing death of 6 and injury to one - As per medical evidence accused-driver under influence of liquor at the time of accident - Injured witness and eye-witness turning hostile - Trial court relying on one other witness convicting the accused u/s. 304 (Part II) /PC and sentenced him to five years imprisonment - High Court altered the conviction to that u/s. 304A and reduced the sentence to two years imprisonment - In appeal, held: Accused is liable to be convicted u/s. 304 (Part II) as he had sufficient knowledge that his act was likely

Authorities it was built on

1976 State of Andhra Pradesh v. Rayavarapu Punnayya & Another cited by 62
1963 State of Uttar Pradesh v. Singhara Singh and Others cited by 49
2012 Alister Anthony Pareira v. State of Maharashtra cited by 26
1989 Pt. Parmanand Katara v. Union of India & Ors. cited by 15
1976 State of Gujarat v. Haidarali Kalubhai cited by 3

Where later benches applied it

2018 Hemudan Nanbha Gadhvi v. State of Gujarat relied on
2018 Public Interest Foundation & Ors. v. Union of India & Anr. relied on
2016 Ramesh and Others v. State of Haryana relied on
2021 Iffco Tokio General Insurance Company Ltd. v. Pearl Beverages Ltd. referred to
2017 Association of Victims of Uphaar Tragedy v. Sushil Ansal and Another referred to
2014 Richhpal Singh Meena v. Ghasi @ Ghisa & Ors. referred to
2014 Sushil Ansal v. State through Cbi referred to

Of those, 3 relied on · 4 referred to

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