Back
IN THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Bhim Kanta Dutta S/o- Sri Dharma Kanta Dutta – Appellant
Versus
State Of Assam – Respondent
J UDGMENT :
KAUSHIK GOSWAMI, J.
Heard Mr. S. Dey, learned Counsel for the appellants. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State respondent.
2. This appeal is being presented against the judgment & order dated 14.03.2011 passed by the Court of learned Additional Sessions Judge (FTC), Sivasagar, in Sessions Case No. 34(S-C)/2009, whereby the appellants/accused persons were convicted under Section 304 (Part-II), read with Section 34 of the Indian Penal Code (hereinafter referred to as “IPC”).
3. The case of the prosecution is that on 29.07.2007 at about 5 p.m. the appellants/accused persons i.e. Bhimkanta Dutta and Pradip Changmai came to the house of the informant and quarreled with her husband for firewood and gave fist and blows on his person, for which he sustained injuries and succumbed to death. Accordingly, the informant lodged an FIR on 30.07.2007 being Sonari P.S. Case No. 155/2007, registered under Section 302/34 of the IPC.
4. Thereafter, the Investigating Officer (PW-14) investigated the case and submitted charge-sheet against the appellants/accused persons under Section 302/34 of IPC.
5. The matter being exclusively triable
Conviction under Section 304 (Part-II) of IPC cannot stand without proof of culpable homicide, particularly when medical evidence contradicts witness testimonies.
Culpable homicide not amounting to murder established when the accused acted with knowledge that her actions could result in death, despite lacking intent to kill.
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.
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 ....
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....
Conviction upheld under Section 304 Part-II IPC based on credible eyewitness testimony despite minor contradictions; intention to murder not established.
The court ruled that the incident was a sudden fight, reducing the conviction of appellant No.1 from murder to culpable homicide not amounting to murder under Section 304 part-II of IPC.
Murder and attempt to murder – In a case of free fight between parties where both parties have sustained injuries, benefit of Section 4 of Probation of Offenders Act, 1958 can be extended.
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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
