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MICHAEL ZOTHANKHUMA, MALASRI NANDI
Stephen Dhan – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
M.Zothankhuma, J.
Heard Mr. B J. Talukdar, learned senior counsel and Amicus Curiae in Criminal Appeal (J) 41/2022 and Ms. M. Barman in Criminal Appeal (J) No. 42/2022. Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam appears for the State. The above two appeals are being disposed of by a common judgment, as the challenge made in the 2 [two] cases is to the same impugned Judgment and Order dated 17.02.2022 passed in Sessions Case No. 399/2013.
2. The two appeals have been filed against the impugned Judgment and Order dated 17.02.2022 passed by the learned Sessions Judge, Dibrugarh in Sessions Case No. 399/2013, by which the appellants have been convicted under Section 302/34 IPC and sentenced to undergo Rigorous Imprisonment for life with a fine of Rs.3,000/-each, in default Simple Imprisonment for 1 [one] month.
3. The facts of the case, in brief, is that PW No. 3 submitted an FIR on 04.09.2013 at Chabua Police Station stating that on 03.09.2013, at around 3.10 PM, the appellants had assaulted Nasib Munda with a lathi (bamboo stick), which resulted in the death of Nasik Munda.
4. Subsequent to the FIR, Chabua P.S. Case No. 165/2013 under Sections 302/34 IPC was reg
Culpable homicide may be reduced to a lesser charge of culpable homicide not amounting to murder if committed in the heat of passion during a sudden quarrel without premeditation, as per Exception 4 ....
Conviction altered from murder to culpable homicide not amounting to murder, as the act was done in the heat of passion without premeditation during a sudden quarrel.
The distinction between murder and culpable homicide hinges on intention and circumstances, with the court applying Exception-4 of Section 300 IPC in cases of sudden quarrel.
The court determined that the accused's actions constituted culpable homicide not amounting to murder due to the absence of premeditation and the nature of the altercation, altering the conviction fr....
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 ruled that the offence committed was culpable homicide not amounting to murder due to mutual provocation and a sudden fight, thus altering the conviction.
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