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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
URMILA JOSHI-PHALKE, NANDESH S.DESHPANDE
Vinod Shashikant Ingle – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
URMILA JOSHI-PHALKE, J.
1. By this appeal, appellants (the accused persons) have challenged judgment and order dated 17.5.2018 passed by learned Sessions Judge, Akola (learned Judge of the trial court) in Sessions Trial No. 96/2017.
2. By the said judgment impugned in this appeal, the accused persons are convicted for offence punishable under Section 302 read with 34 of the IPC and sentenced to undergo rigorous imprisonment for life each and pay fine Rs.5000/- in default, to undergo rigorous imprisonment for 3 months. They are further convicted for offence punishable under Section 452 read with 34 of the and sentenced to undergo rigorous imprisonment for two years each and pay fine Rs.1000/- in default, to undergo rigorous imprisonment for further period of one month each.
3. Brief facts of the prosecution case are as under:
(A) Aniruddha Ingle (the informant) is brother of Arun Ingle (the deceased) residing adjacent to house of the informant along with his family. Accused No.1 Vinod Ingle is nephew of the deceased, who was also residing along with his wife adjacent to house of the deceased. On the day of the incident, there was a dispute between the deceased and the accus
Grave and sudden provocation can reduce murder charges to culpable homicide under IPC, provided it meets specific parameters for loss of self-control.
The court affirmed that evidence must establish intention to commit murder, ruling that provocation claimed by the accused did not mitigate the crime, reaffirming conviction under Section 302 IPC.
The distinction between murder and culpable homicide hinges on intention and circumstances, with the court applying Exception-4 of Section 300 IPC in cases of sudden quarrel.
The appellants were convicted for culpable homicide not amounting to murder, as the assault occurred without premeditation during a sudden quarrel, with shared common intention.
The court ruled that the actions of the appellants amounted to culpable homicide not amounting to murder, reducing their conviction from Section 302 to Section 304 Part II IPC due to lack of intent.
The court ruled that actions taken under grave and sudden provocation can lead to a conviction for culpable homicide not amounting to murder, distinguishing it from murder under Section 302 IPC.
The court determined that the accused's actions constituted culpable homicide not amounting to murder due to the absence of premeditation and the nature of the altercation, altering the conviction fr....
Advocates appeared :For the Appellant : Rinkesh Goyal For the Respondent : Ajeet Singh Bhadoriya, Rajeev Upadhyay
The court's decision in this case highlights the importance of analyzing the relevant provisions of the IPC and applying them to the facts of the case in order to determine the nature of the offense ....
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