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MANISH CHOUDHURY, MARLI VANKUNG
Rajendra Chetry S/o Shri Khem Bahadur Chetry – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
MARLI VANKUNG, J.
1. Heard Mr. H. Gupta, learned Amicus Curiae for the appellant and Ms. S. Jahan, learned Additional Public Prosecutor for the State respondent No. 1.
2. This is a jail appeal which arises out of the Judgment passed by the learned Session Judge, Diphu, Karbi Anglong in Sessions Case No. 705/2009 corresponding to GR Case No. 705/2007 and Dillai Police Station Case No. 02/2007, whereby the appellant was convicted under Section 302 IPC and was sentenced to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 5,000/- in default R.I. for 6 (six) months.
3. The case of the prosecution in a nutshell, is that an F.I.R. was filed by a Sri Dhruba Chetry on 28.12.2007 to the Officer-in-Charge, Dillai Police Station, Karbi Anglong, Assam to the effect that on 28.12.2007 at about 1:00 A.M. Shri Rajendra Chetry of Chunabasti entered their house by breaking the door and trampled his father Tilok Bahadur Chetry, by inflicting grievous injury to him which caused his death and the accused has fled away. After the incident the people of the village captured the said Shri Rajendra Chetry, but he had escaped again. On receipt of the FIR, the Officer-in-Charge, Dillai,
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 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 ruled that the appellant's actions, prompted by provocation and lack of intent to kill, warranted a conviction for culpable homicide not amounting to murder under Section 304 Part-II IPC.
The distinction between murder and culpable homicide hinges on the accused's intention or knowledge regarding the fatal injury, with the absence of premeditation and the nature of the confrontation i....
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.
A conviction for murder under Section 302 IPC was adjusted to culpable homicide under Section 304 due to ambiguities in witness accounts and lack of intent, establishing a precedent for interpreting ....
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