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B. R. GAVAI, J. B. PARDIWALA
Nirmala Devi – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
B.R. GAVAI, J.
1. Leave granted.
2. The appeal arises out of the final judgment and order dated 23rd May 2022 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No. 46 of 2018, thereby upholding the judgment and order dated 1st December 2017 passed by the Additional Sessions Judge-II, Solan (hereinafter referred to as ‘Trial Court’) vide which the present appellant-accused Nirmala Devi was convicted for the offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and sentenced to undergo imprisonment for life.
3. When the matter first came up before us, we had issued notice vide order dated 7th November 2022, for the limited issue of converting the sentence from Section 302 IPC to either part I or II of Section 304 IPC. Vide the same order, we had directed the appellant-accused to be released on bail on such terms and conditions as may be imposed by the Trial Court.
4. As such, the short issue before us is as to whether, in the facts and circumstances of the present case, the sentence imposed upon the appellant-accused under Section 302 IPC can be converted into part I or II of Section 304 of IPC.
5
Unintentional homicide is not murder under Section 302 of IPC.
The court modified conviction from murder to culpable homicide under Section 304 IPC, establishing that the incident arose from sudden provocation and was not premeditated.
Conviction for murder under Section 302 can be amended to culpable homicide under Section 304 based on circumstances, including lack of premeditation and severity of the injury.
The court established that culpable homicide can be distinguished from murder based on the presence of intention and premeditation, particularly in cases of sudden provocation.
The court ruled that lack of premeditation and motive in a mother-son homicide allows for conviction under Section 304 Part-II IPC instead of Section 302, reflecting culpable homicide not amounting t....
To kidnapping from legal guardian, wherein it was established that the Court while respecting the concerns of both society and victim, propounded that the twin principle of deterrence and correction ....
The main legal point established in the judgment is the importance of following proper procedures and accurately determining the appropriate section of the IPC based on the evidence and circumstances....
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