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MOHIT KUMAR SHAH, SONI SHRIVASTAVA
Raj Narayan Singh – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J. – The present appeal has been preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’) against the judgment of conviction and order of sentence dated 16.08.1995 by the learned 9th Additional Sessions Judge, Ara in Sessions Trial No. 67 of 1994 (arising out of Arrah Nawada P.S. Case No. 144 of 1993), whereby and whereunder the appellant no. 1 has been convicted for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act while the appellant no. 2 has been convicted under Section 201 of the Indian Penal Code. By the order of sentence dated 16.08.1995, the appellant no. 1 has been sentenced to undergo rigorous imprisonment for life under Section 302 of the IPC with fine of Rs. 1,000/- and in default thereof he has been further directed to undergo simple imprisonment for one month as also he has been sentenced to undergo rigorous imprisonment for one year under Section 27 of the Arms Act. Both the sentences have been directed to run concurrently. As far as appellant no. 2 is concerned, she has been sentenced to undergo rigorous imprisonment for 3 years under Section 201 of the IP
The main legal point established in the judgment is the distinction between 'culpable homicide amounting to murder' and 'culpable homicide not amounting to murder' under Section 304 of the Indian Pen....
Point of Law : Injury by accused inflicted by him is sufficient in ordinary course of nature to cause death or not, must be determined in each case on the basis of facts and circumstances.
Under such backdrop the conviction of the appellant under section 27 of Arms Act is maintained.
: : (1) Absence of motive in a case depending on circumstantial evidence is a factor that weighs in favour of accused. (2) Circumstance of last seen together does not by itself and necessarily lead t....
The court determined that the appellant's actions constituted culpable homicide under Section 304 Part II due to lack of intent, modifying the conviction from murder under Section 302.
When evidence of eye-witnesses are not trust worthy to believe, then motive place an important role to prove guilt of accused.
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