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K. SURESH REDDY, V. SRINIVAS
Kolati Nagaraju @ Raju, Guntur Dt. – Appellant
Versus
State Of AP Rep PP – Respondent
JUDGMENT :
(V. Srinivas, J.):
Assailing the judgment dated 19.08.2015 in S.C.No.448 of 2014 on the file of the Court of learned XI Additional Sessions Judge at Tenali, convicted the accused for the charges under Section 302 and 324 of Indian Penal Code (hereinafter referred to as “IPC), the appellant/accused filed the present criminal appeal under Section 374(2) of the Criminal Procedure Code, 1973.
2. This Criminal Appeal was admitted on 01.11.2016.
3. The shorn of necessary facts are that:
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 established that a lack of premeditation and intent to kill can lead to a conviction under Section 304 IPC instead of Section 302 IPC in cases of sudden provocation.
The court established that sudden provocation can reduce a murder charge to culpable homicide under Section 304 if the act occurs without premeditation and in the heat of passion.
The court clarified that common intention and premeditation are essential for a murder conviction under Section 302 IPC, and absence of these elements can lead to a lesser charge.
The court clarified that common intention and premeditation are essential for a murder conviction under Section 302 IPC, while a single impulsive act may lead to a lesser charge under Section 304 IPC....
cCnduct of the appellant, from the evidence led by the prosecution itself, indicates that neither was there any premeditation nor an intention to kill the deceased.
The court modified convictions from murder to culpable homicide not amounting to murder, emphasizing the need for established common intention among accused, reflecting principles of reasonable doubt....
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