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SANDEEP MEHTA, VINOD KUMAR BHARWANI
Shahrukh Khan S/o Asltaf Husain – Appellant
Versus
State Of Rajasthan, Through Public Prosecutor – Respondent
JUDGMENT :
MEHTA, J.
The appellant herein has preferred the instant appeal under Section 374(2) CrPC being aggrieved of the judgment dated 07.03.2019 passed by the learned Sessions Judge, District Rajsamand in Sessions Case No.32/2015, (CIS No.59/2015) whereby he has been convicted and sentenced as below:-
| Offences | Sentences | Fine | Fine Default sentences |
| Section 302 IPC | Life Imprisonment | Rs.10,000/- | 2 Months’ S.I. |
| Section 324 IPC | 3 Years’ Simple Imprisonment | Rs.1,000/- | 10 days’ S.I. |
| Section 341 IPC | One month’s Simple Imprisonment | Rs.500/- | 5 days’ S.I. |
| All the sentences were ordered to run concurrently. | |||
2. Briefly stated facts relevant and essential for disposal of the appeal are noted hereinbelow:-
3. Smt. Nida Amrin (P.W.1), lodged a written report (Ex.P/1) to the SHO, Police Station, Rajnagar, District Rajsamand on 09.06.2015 at 9.00 pm alleging inter alia that she was at her home at about 8.00 pm. Her husband Mohd. Sharif had gone to fetch medicines. Shahrukh son of Altaf Hussain, resident of Nayakwadi, Rajnagar, District Raj
In cases of sudden quarrel and single injury, the nature of the injury and circumstances must be considered to determine the offense under Section 300 IPC.
The court determined that the lack of premeditated intent during a sudden quarrel warranted a conviction for culpable homicide under Section 304 instead of murder under Section 302 IPC.
The court ruled that a stabbing occurring during a quarrel, influenced by mutual provocation and intoxication, merited a conviction under Section 304-I of the IPC instead of Section 302.
Unintentional homicide is not murder under Section 302 of IPC.
The court held that when a death occurs from a single blow in the heat of passion during a sudden quarrel, it may be classified under Section 304 IPC instead of Section 302 IPC.
The central legal point established in the judgment is the application of the provisions of Section 302 and Section 300 of the IPC, and the interpretation of Exception 4 under Section 300. The court'....
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