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CHITTA RANJAN DASH, PARTHA SARATHI SEN
Sukumar Sarkar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Partha Sarathi Sen, J.
1. The instant appeal arises out of the judgement of conviction and order of sentence both dated 25th November, 2004, as passed by the Learned Additional Sessions Judge, Fast Track Court, Durgapur in Sessions Trial No. 23 of 2004 arising out of Sessions Case No. 96 of 2003. By the impugned judgement learned trial court found the present appellant Sukumar Sarkar guilty of the offence under Section 302 of the INDIAN PENAL CODE and thus sentenced him to suffer imprisonment for life and to pay a fine of Rs. 2000/- in default to suffer further R.I for six months. The convict felt aggrieved and thus preferred the instant application.
2. According to the prosecution one Kanai Lal Sarkar, son of Late Chuni Lal Sarkar of Village Beraberia Govt. Colony, P.S Amdanga, District North-24-Parganas lodged a written complaint with the New Township Police Station, Durgapur, District Burdwan stating, inter alia, that marriage of his youngest sister Amala Sarkar was solemnized with one Sukumar Sarkar of Subhas Pally, Durgapur-6 about 25 years back. It was his further version in the said written complaint that on 08.04.2003 at about 4 a.m his said brother-in-law Sukumar
The intention or knowledge of the actor is a crucial factor in determining whether an act falls within the ambit of Section 300 IPC (murder) or Section 304 Part 1 IPC (culpable homicide not amounting....
The distinction between murder and culpable homicide not amounting to murder lies in the intention of the accused and the nature of the injuries inflicted.
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 judgment establishes the importance of proving the accused's intention to cause death or inflict bodily injury likely to cause death in determining whether an offense constitutes culpable homicid....
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....
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.
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