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2022 Supreme(SC) 1922

A. S. BOPANNA, VIKRAM NATH
Major Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Mr. Gagan Gupta, Advocate, for the Appellant; Mr. R.K. Rathore, Advocate, Ms. Jaspreet Gogia, Advocate, for the Respondent.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The case involves a distinction between culpable homicide amounting to murder and culpable homicide not amounting to murder, primarily based on the intent and knowledge of the accused [judgement_subject].

  2. The appellant, Major Singh, was initially convicted under section 302 of the Indian Penal Code (IPC) for causing the death of his uncle, but this conviction was later modified to a conviction under section 304 Part-II IPC, reflecting a different degree of culpability (!) (!) (!) .

  3. The facts of the case include a prior quarrel between the appellant and the deceased, followed by an incident where the appellant hit the deceased with a wooden 'Bahi' during the day, resulting in fatal head injuries (!) (!) .

  4. Medical evidence confirmed that the deceased suffered multiple injuries, with the main injury on the head causing shock and hemorrhage, leading to death (!) (!) .

  5. The prosecution recovered the weapon used, which was stained with blood matching that of the deceased, after the appellant's confession, establishing a causal link between the act and death (!) (!) .

  6. The trial court initially acquitted the appellant due to doubts about the evidence, delay in FIR registration, and credibility issues with witnesses, but the High Court reversed this, convicting the appellant under section 302 IPC (!) (!) (!) (!) .

  7. The appellate court emphasized that the timing, nature of injuries, and the manner of the act indicated a lack of premeditation and intention to kill, leading to the conclusion that the incident was not murder but culpable homicide not amounting to murder (!) (!) .

  8. The court highlighted that the key difference between murder and culpable homicide not amounting to murder lies in the intent and knowledge of the accused, with murder requiring a clear intention to cause death or grievous harm (!) (!) .

  9. The appellant's act was characterized as impulsive, provoked by prior altercations, and not committed with the intention to kill, which justified reducing the conviction from murder to culpable homicide not amounting to murder (!) (!) .

  10. The sentence was accordingly reduced to the period already undergone, and the appellant was to be released if not wanted in any other case, with the fine imposed by the High Court maintained (!) (!) (!) .


ORDER

1. The present set of appeals filed by accusedappellant, Major Singh (hereinafter referred to as 'the appellant') arises from the order dated 03.04.2014 passed by Punjab and Haryana High Court in Criminal Appeal No. 421 of 2002 and Criminal Revision No. 391 of 2002, whereby the appeal and revision petition were allowed, the acquittal by the Trial Court was set aside and the appellant SignawasL convicted under section 302 IPC [ IPC - Indian Penal Code, 1860] and sentenced undergo imprisonment for life and pay fine of Rs.5,000/-.

    FACTS:

    2. Prosecution's case arises from a two-day incident and it unfolds as follows:

      "i. On 20.07.1998, a day preceding the unfortunate incident, appellant had quarreled with his uncle Makhan Singh (deceased) and had abused the uncle. Due to this argument between them, Makhan Singh had severely reprimanded the appellant.

      ii. On the day of the incident, i.e. on 21.07.1998 at about 10:30/11:00 A.M., Makhan Singh, father of Sukhraj Singh (complainant) was going towards bus stand of their village. On his way over, Major Singh came from the other side of the bus stand holding a wooden 'Bahi' (wooden side of a cot frame). He abused Makhan Singh for shouting and

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