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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MR. JUSTICE SANJAY KUMAR MEDHI, MRS. JUSTICE MARLI VANKUNG, JJ
Tushar Nath S/o. Sri Prafulla Nath – Appellant
Versus
State Of Assam – Respondent
Judgment & Order :
S.K. Medhi, J.
The instant appeal has been preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 [corresponding to Section 415 of BNSS, 2023] against the judgment and order dated 05.03.2020 passed by the learned Sessions Judge, Bongaigaon in Sessions Case No. 11 (BNG) / 2018 arising out of GR Case No. 769 / 2014 convicting the accused / appellant under Sections 302/341/323 of the IPC [corresponding to Sections 103/126/115 of BNS] and sentencing him to suffer imprisonment for life under Section 302 of the IPC [[corresponding to Section 103 BNS] and fine of Rs.10,000/-, i/d of payment of fine to suffer Simple Imprisonment for 2 months, also sentencing to SI for 15 days and fine of Rs.500/- for offence under Section 341 of the IPC [corresponding to Section 126 BNS] i/d of payment of fine suffer Simple Imprisonment for 5 days and further sentencing to undergo SI for 6 months and to pay a fine of Rs.1000/- i/d of payment of fine suffer SI for 15 days under Section 323 of the IPC [corresponding to Section 115 BNS].
2. The criminal law was set into motion by lodging of an Ejahar on 02.09.2014 by PW 1, who is the elder brother of the deceased. It has been
The court modified the conviction from murder to culpable homicide not amounting to murder, emphasizing the lack of intent or knowledge to cause death.
The court established that sudden provocation can reduce a murder charge to culpable homicide under Section 304 if the act occurs without premeditation and in the heat of passion.
The court established that a lack of premeditation and intent to kill can lead to a conviction under Section 304 IPC instead of Section 302 IPC in cases of sudden provocation.
The court clarified the distinction between murder and culpable homicide, emphasizing that sudden altercations without premeditated intent can lower the charge under IPC.
Unintentional homicide is not murder under Section 302 of IPC.
The court reaffirmed that intention and the nature of injuries are critical in distinguishing between murder and culpable homicide under IPC.
(1) Intention of a person cannot be proved by direct evidence but is to be deduced from the facts and circumstances of a case – ‘Intent’ and ‘knowledge’ cannot be equated with each other – They conno....
The distinction between murder and culpable homicide hinges on the accused's intention, with sudden provocation potentially reducing the charge from murder to culpable homicide not amounting to murde....
The court distinguished between murder and culpable homicide, concluding that the appellant's actions fell under Section 304 Part-I due to lack of intent and premeditation.
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