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RAJESH KUMAR VERMA, A. M. BADAR
Md. Sainul – Appellant
Versus
State of Bihar – Respondent
A. M. Badar, J.:–By this appeal, appellant/convicted accused no.1 Md. Sainul and appellant/convicted accused no.2 Md. Jabbar are challenging the Judgment and Order dated 31.08.2015 and 04.09.2015 respectively passed by the learned 7th Additional Sessions Judge, Bhagalpur, in Sessions Trial No.866 of 2012 thereby convicting both of them of offences punishable under Sections 324 and 302 read with 34 of the Indian Penal Code. By the impugned order, they both of them were sentenced to undergo imprisonment for life apart from a direction to pay fine of Rs.5000/- by each of them and in default, to undergo simple imprisonment for six months for the offence punishable under Section 302 read with 34 of the Indian Penal Code. They were also sentenced to undergo simple imprisonment for three years for the offence punishable under Section 324 read with 34 of the Indian Penal Code with direction that the substantive sentences shall run concurrently. For the sake of convenience, the appellants shall be referred to in their original capacity as “accused no.1 Md. Sainul” and “accused no.2 Md. Jabbar”.
2. Facts in brief leading to the prosecution of the accused persons as gathered from the police re
The court affirmed the conviction for murder under Section 302 IPC, highlighting that the accused acted with sufficient intent, despite claims of provocation, based on consistent eyewitness testimoni....
The main legal point established in the judgment is that the evidence of eyewitnesses, the injured witness, and the medical evidence played a crucial role in establishing the guilt of the accused bey....
The court clarified that the distinction between murder and culpable homicide is based on the intention or knowledge of the accused at the time of the act, and that sudden provocation can mitigate th....
The central legal point established in the judgment is the application of the principles of intention and knowledge under Section 300 of the IPC to determine the culpability of the appellant-accused ....
The court established that a single stab wound can constitute murder under Section 302 IPC if it is inflicted with intent and premeditation, particularly when the attack is on a vital part of the bod....
The court affirmed the conviction for murder, establishing that a single fatal blow with a weapon can constitute murder if intended to cause serious injury, rejecting claims of provocation.
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.
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