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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE RAJA VIJAYARAGHAVAN V, MR.JUSTICE K. V. JAYAKUMAR, JJ
Nazeer – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
Raja Vijayaraghavan, J.
In this appeal filed under Section 374 of the Code of Criminal Procedure, 1973 (“the Cr.P.C ” for the sake of brevity), the appellant calls in question the finding of guilt, conviction and sentence passed by the Additional District & Sessions Judge-VI, Kollam in judgment dated 11.06.2019 in S.C. No. 1251 of 2017. The aforesaid case has arisen from Crime No. 793 of 2017 of the Kadakkal Police Station. The appellant in the above case stood charge-sheeted for having committed the offence punishable under Sections 341, 323, 324 and 302 of the IPC. By the above judgment, he was convicted and sentenced to undergo imprisonment for life for the offence under Section 302 of the IPC. No separate sentence was awarded for the other offences.
Prosecution Case
2. The deceased, Madhusudanan Nair @ Maniyan, was the husband of Ambili (PW16). Owing to a strained marital relationship, he began spending most nights at the Kadakkal Market and was employed there as a casual labourer. The accused, Nazeer, is alleged to have been both a friend and a co-worker of the deceased. On the evening of 30.04.2017, at approximately 6:30 p.m., the accused and the deceased arrived at th
The distinction between murder and culpable homicide is based on the degree of intent, with the latter applicable when death results from an act done with knowledge of its likelihood but without inte....
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 ....
The main legal point established in the judgment is that the evidence presented by the prosecution only supported a charge under Section 304 Part –II IPC, and the appellant's conviction and sentence ....
In Exception 4-culpable homicide is not murder if it is committed without premeditation in a sudden fight in heat of passion upon a sudden quarrel and without offender having taken undue advantage or....
The court upheld the conviction for murder and attempted murder based on reliable eyewitness accounts and forensic evidence, establishing intent through the nature of the attack.
Conviction requires reliable evidence and knowledge of victim's medical condition; lacking such knowledge limits liability to lesser offenses.
Advocates appeared :For the Appellant : Rinkesh Goyal For the Respondent : Ajeet Singh Bhadoriya, Rajeev Upadhyay
The court considered the absence of premeditation or previous motive, the nature of the weapon used, and the amount of force employed to determine the accused's guilt.
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