N.V.RAMANA, S.ABDUL NAZEER
MANOJ KUMAR – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent
Key Points: - The Court discusses whether the death resulted from premeditated intent to kill or from a sudden fight without premeditation, applying section 300 vs section 304 Part II IPC. (!) (!) (!) - The judgment analyzes Exception 4 to section 300 IPC, detailing conditions: no premeditation, sudden fight, heat of passion, sudden quarrel, and no undue advantage or cruel/unusual conduct. (!) (!) (!) (!) (!) (!) (!) (!) - It concludes there was no premeditation and that the incident was a sudden fight arising from civil disputes, leading to culpable homicide not amounting to murder under section 304 Part II IPC. (!) (!) (!) - The High Court’s findings on motive, credibility of witnesses, and blood group evidence are evaluated in determining whether to apply section 304 Part II rather than section 302. (!) (!) (!) (!) - The Court modifies convictions from murder under section 302 to culpable homicide under section 304 Part II and adjusts sentences accordingly, with immediate release due to prior imprisonment. (!)
JUDGMENT
N.V. RAMANA, J.
1. These appeals by special leave are directed against the judgment dated 20th November, 2009 passed by the High Court of Himachal Pradesh in Criminal Appeal No. 312 of 2006 whereby the High Court upheld the conviction and sentence against the appellants as awarded by the learned Sessions Judge for the offences punishable under Sections 302, 341 and 323 read with Section 34 of the Indian Penal Code (IPC).
2. The facts necessary to deal with these appeals, as culled out from the prosecution case, are that as per the revenue records one Jaram Singh (PW1) and others are the owners of land bearing Khata/Khatauni No. 164/220, Khasra No. 605. The said Jaram Singh (PW1) had mortgaged the aforesaid land with one Krishan Lal and Subhash Chand, but the land remained in the possession of Prem Dass (deceased). Disturbed with the interference of the appellants in the said land, PW1—Jaram Singh and the deceased Prem Dass filed a civil suit against the appellants and thereby restrained the appellants from raising any construction in the disputed land.
3. On 24th March
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