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SUMAN SHYAM, PARTHIVJYOTI SAIKIA
Kishan Koiri Sivasagar – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Suman Shyam, J.
Assailing the judgment and order dated 04.09.2018 passed by the learned Sessions Judge, Sivasagar in connection with Sessions Case No.21(S-S)/2018 whereby, the sole appellant was convicted under Section 302 of the Indian Penal Code (IPC) for committing the murder of Anubhab Karmakar and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.1000/-(Rupees One Thousand) with default stipulation, the instant Jail appeal has been filed.
2. The prosecution case, in a nutshell, is that on 21.09.2017, at around 8:00 p.m., an altercation took place between the appellant/accused and the victim Anubhab Karmakar whereby, the appellant had assaulted the victim on his head and other parts of the body with a bamboo ‘lathi’ (stick) causing grievous injury on Anubhab Karmakar. The victim was rushed to the hospital but he died on the next day morning at about 3:15 a.m. On 21.09.2017, Sri Bopoi Karmakar i.e. the elder brother of the victim, lodged an ejahar before the In-Charge of Nitaipukhuri Police Outpost reporting the incident, based on which GD Entry No.331/2017 dated 21.09.2017 was made and the same was forwarded to the Officer-in-Charge of Demow
The court established that a lack of premeditation and intention to kill in a sudden quarrel can lead to a conviction under Section 304 Part II IPC instead of Section 302 IPC.
Point of Law : In order to avail the benefit of Exception IV of Section 300 of the IPC the defence is only required to probabilise that the offence was committed without premeditation, in a sudden fi....
The central legal point established in the judgment is the application of Exception 4 to Section 300 IPC, which outlines situations where culpable homicide does not amount to murder, based on the abs....
The accused committed murder with the use of deadly weapons and there was no sudden fight or quarrel as envisaged in Exception 4 to Section 300 IPC.
The act of the appellant falls within the First Exception to Section 300 IPC, as it was done suddenly due to provocation and without premeditation or intention to kill. The charge is altered to Secti....
It is possible that passion was running very high between the parties and when the quarrel between the two appellants and the deceased as well as his wife was going on in the courtyard of the house o....
The main legal point established in the judgment is the application of Exception 4 to Section 300 IPC in cases of sudden fights and the absence of premeditation, leading to a conviction under Section....
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