SC: The fact that a lathi is also capable of being used as a weapon of assault, does not make it a weapon of assault simpliciter

The Hon’ble Supreme Court, on 16th September 2020, in the matter of Jugat Ram v. The State of Chhattisgarh pronounced that the fact that a lathi is also capable of being used as a weapon of assault, does not make it a weapon of assault simpliciter. It is always a question fact in each case whether there was intention to cause death or only knowledge that death was likely to occur.

The Hon’ble Supreme Court observed that:

A lathi is a common item carried by a villager in this country, linked to his identity. The fact that it is also capable of being used as a weapon of assault, does not make it a weapon of assault simpliciter. (Para 7)

In a case of an assault on the head with a lathi, it is always a question fact in each case whether there was intention to cause death or only knowledge that death was likely to occur. The circumstances, manner of assault, nature and number of injuries will all have to be considered cumulatively to decipher the intention or knowledge as the case may be. (Para 7)

Copy of judgement: Judgement_16-Sep-2020

-Adv. Tushar Kaushik

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