Punishment for murder is provided under Section 302
of the IPC and in order to successfully canvass its case, such evidence must be
presented which proves that Michael acted in such a manner that he must have
known that his actions would either deflect or knew that his actions were bound
to cause the death of Jenny. It can also be presumed from the type of blows
delivered and the number of times the blows were landed on the head of the
victim showing the accused’s desire to kill the victim. In the present case,
Michael killed Jenny in more than one way using an axe and expert testimony
showed that the impacts were powerful enough to kill her instantly. In Virsa
Singh v. The Supreme Court in State of Punjab, (1958 AIR 465, 1958 SCR 1495)
laid down that there can be no conviction for the offence unless the
prosecution is able to prove both the act and the intent. But when it comes to
intent the nature of the injuries and the weapon is the key component to
consider. In the scenes discussed herein, the injuries that Jenny’s body
received, according to the medical examiner, indicated that the killer wanted
her dead. Michael hit the vulnerable part of the body several times all of
which resulted in fatal harm to the body, thus satisfying the Section 302 IPC requirement of
a clear intention to kill.
In addition, the case of **State of M.P. v.
Ram Prasad (2010) 9 SCC 200** also strengthened the idea where the court observed
that the nature and location of the injuries and if they are inflicted more on
vital parts of a body like head or chest or any part definitely reflects the
accused’s malicious intention to murder the deceased. As it can be observed
from the case of Michael, the forensic studies show that Jenny had been
attacked on the head, which is a vital part of the body and such acts could not
have been perpetrated without the aim of killing her.
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