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IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, SONI SHRIVASTAVA
Md. Ajaj @ Bauka S/o Kalamuddin – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
SONI SHRIVASTAVA, J.
1. The aforesaid two appeals are being taken up for hearing together since they arise out of the same judgment of conviction and the order of sentence. The aforesaid appeals under Sections 374(2) read with Section 389(1) of the CRIMINAL PROCEDURE CODE , 1973 (hereinafter referred as ‘Cr.P.C’) have been preferred against the common judgment of conviction and order of sentence dated 29.03.2016 and 31.03.2016 respectively, passed in Sessions Trial No.826 of 2014 (arising out of Bhargama P.S. Case No.35 of 2014) by the learned Additional District and Sessions Judge-IV, Araria (hereinafter referred to as ‘learned Trial Judge’). By the said judgment, the learned Trial Judge has convicted the appellants of both the aforesaid appeals for commission of offence under Sections 302 read with Section 34 of the I.P.C. and sentenced them to undergo rigorous imprisonment for life with a fine of Rs.10,000/- each and in default thereof has further imposed sentence of simple imprisonment of one (01) year.
3. The short facts of the case, as disclosed in the First Information Report, based on the fardbayan of Md. Saheb (PW- 6) recorded on 16.03.2014 at 09:30 a.m. at Akartha
The court clarified the distinction between murder and culpable homicide, emphasizing that sudden altercations without premeditated intent can lower the charge under IPC.
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 court established that a lack of premeditation and intent to kill can lead to a conviction under Section 304 IPC instead of Section 302 IPC in cases of sudden provocation.
The court established that sudden provocation can reduce a murder charge to culpable homicide under Section 304 if the act occurs without premeditation and in the heat of passion.
The court modified the conviction from murder to culpable homicide not amounting to murder, emphasizing the lack of intent or knowledge to cause death.
The prosecution must prove guilt beyond reasonable doubt, and eyewitness testimony can suffice even without recovery of the murder weapon.
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....
In cases where a single blow is inflicted with a blunt object, without an intention to cause death, the offense may be scaled down from murder under Section 302 IPC to culpable homicide not amounting....
The court modified convictions from murder to culpable homicide not amounting to murder, emphasizing the need for established common intention among accused, reflecting principles of reasonable doubt....
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