Back
MOHAMMAD NAWAZ, RAJESH RAI K.
Bandenavaz – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
RAJESH RAI K., J.
The appellant has filed this appeal against the judgment dtd. 8/3/2018 passed by the learned II Addl. District & Sessions Judge at Raichur in S.C.No.51/2016, wherein the learned Sessions Judge convicted the appellant for the offence punishable under Sec. 302 of IPC and sentenced him to undergo imprisonment throughout life and pay fine of Rs.20, 000.00 and in default to pay the fine, same to be recovered as arrears of land revenue.
2. The brief facts which led to the trial of the appellant are as follows: The complainant in this case Bibi Fatima married deceased Nabi Rasool about 12 years prior to the date of incident and having four children. Deceased Nabi Rasool was addicted to alcohol and about two months prior to the incident, he started to raise quarrel with the complainant (examined as PW1) every night in drunken mood. The accused/appellant being younger brother of the complainant, used to advice the deceased not to rise quarrel. Eight days prior to the incident, the deceased abused the complainant stating that the complainant and her mother are belonging to the family of prostitutes. Accused/appellant again advised the deceased and threatened him st
Section 299 relates to causing death by doing an act with intention of causing death or with intention of causing bodily injury as is likely to cause death.
The court established that sudden provocation can reduce a murder charge to manslaughter, particularly in domestic disputes.
The central legal point established in the judgment is the distinction between culpable homicide and murder under the Indian Penal Code, and the assessment of the accused's knowledge and intention in....
The burden of proof, quality of evidence, and the application of exception 4 to section 300 of IPC in determining the nature of the offence.
Section 304 Part II IPC relates to punishment but without any intention to cause death.
Part II of Section 304 of IPC comes into play when the death is caused by doing an act with knowledge that it is likely to cause death, but there is no intention on the part of the accused either to ....
Section 304 of IPC, 1860 which reads as Punishment for culpable homicide not amounting to murder.
The prosecution must prove culpable homicide beyond reasonable doubt, distinguishing between intent to kill and knowledge of likely fatal outcomes.
The conviction for murder was upheld based on substantial eyewitness testimony and evidence of motive, affirming the principle that direct evidence substantiates a guilty verdict beyond reasonable do....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
