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VIJAY BISHNOI, REKHA BORANA
Ram Pratap S/o Shri Magha Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
VIJAY BISHNOI, J.
The instant criminal appeal has been filed by the appellant under Section 374 Cr.P.C. challenging the judgment dated 30.03.1992 passed by the Sessions Judge, Bikaner (hereinafter to be referred as ‘the trial court’) in Sessions Case No.121/1990, whereby the appellant has been convicted for the offences punishable under Sections 302 and 447 IPC and sentenced as under :-
| Offences u/Sec. | Sentences | Fine (in Rs.) | Sentence (in default of payment of fine) |
| 302 IPC | Rigorous Imprisonment for Life | 100/- | NIL |
| 447 IPC | Rigorous Imprisonment for Three Months | 50/- | Imprisonment for One Month |
2. Both the sentences were ordered to run concurrently.
3. Brief facts, necessary for adjudication of the present criminal appeal, are that on 10.08.1990 at about 09:40 PM, one Kishnaram (PW-6) lodged FIR No.63/1990 (Exhibit-P/13) at Police Station Chhattargarh, District Bikaner alleging that around one month ago, one Devilal S/o Magaram had cut a Khejari tree in the agriculture field of Dullesingh, and son of Kishnaram viz. Madhuram had seen him cutting
The main legal point established in the judgment is the distinction between culpable homicide not amounting to murder and the absence of intention to kill, leading to the alteration of the conviction....
The court modified the conviction from murder under Section 302 IPC to manslaughter under Section 304 Part II IPC, emphasizing lack of premeditation and specific intent due to sudden provocation.
Point of law : Motive plays an important role and becomes a compelling force to commit a crime and therefore motive behind the crime is a relevant factor for which evidence may be adduced.
The court modified convictions from murder to culpable homicide not amounting to murder, emphasizing the need for established common intention among accused, reflecting principles of reasonable doubt....
The main legal point established in the judgment is the application of the principle of common intention in determining the appropriate conviction for the accused, considering the lack of evidence es....
The central legal point established in the judgment is that the intention to cause death is a crucial factor in determining whether an act amounts to murder under Section 302 of the IPC or culpable h....
Conviction upheld under Section 304 Part-II IPC based on credible eyewitness testimony despite minor contradictions; intention to murder not established.
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