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RAKESH KAINTHLA
Raj Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT
Rakesh Kainthla, J.—Pardhan-Gram Panchayat, Berry informed the police on 12.06.2023 at 7:40 am that a deadbody was found in the Beas River beneath Sandha Patan Bridge. The police went to the spot and recovered the deadbody. Injuries were found on the forehead and the nose of the deadbody. Enquiries were made in the vicinity but no person could identify the deadbody. Subsequently, Vinod Kumar and Virender Kumar went to the police post Sandhol. Vinod Kumar said that deceased Rinku Kumar had accompanied him to Seoh in his truck. Informant Vinod Kumar took the dinner on 11.06.2023. Rinku went to the truck for sleeping and Vinod Kumar went to the room of Contractor Virender Kumar. Vinod Kumar looked for Rinku on 12.06.2023 in the morning but he was missing. Vinod Kumar searched for him. When he made enquiries in Seoh Bazar from a local person, he was informed that the deadbody of one person was found in the Beas River. The post-mortem examination of the deadbody was conducted. The Medical Officer issued a report that the deceased had died due to the ante mortem drowning leading to cardiopulmonary arrest. The wife of the deceased filed an application stating that Rinku and Vinod
Bail cannot be denied based on apprehensions alone.
Disposal of body believed lifeless after overdose not culpable homicide or murder; intention assessed by accused's belief. Bail granted as no prima facie murder case.
Circumstantial evidence can establish guilt beyond reasonable doubt, and if the accused believed the victim to be lifeless, it may negate culpable homicide.
In the absence of knowledge regarding the victim's pre-existing medical conditions, the accused cannot be convicted of murder; charges may only transition to lesser offenses under Section 323 IPC.
The essential ingredient of motive/intention under Section 302 IPC must be established to convict a person for the offence of murder.
The court reclassified the conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part-II IPC due to lack of intent and motive.
The main legal point established in the judgment is the distinction between murder and culpable homicide not amounting to murder under the Indian Penal Code, and the application of legal principles o....
The distinction between culpable homicide amounting to murder and that not amounting to murder hinges on the presence of intention and the nature of the injury inflicted, defined under Sections 299 a....
Bail denied in murder case as driving co-accused to scene and fleeing infers common intention under Section 34 IPC despite no overt act, given offence gravity and punishment severity.
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