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PANKAJ BHANDARI, BHUWAN GOYAL
Mangilal, S/o. Sh. Prabhulal – Appellant
Versus
State Of Rajasthan Through P. P. – Respondent
JUDGMENT :
(Pankaj Bhandari, J.)
1. The appellants have preferred the instant appeal aggrieved by the impugned judgment and order dated 12.12.2015 passed by the Additional Sessions Judge No.3, Kota, whereby the accused appellants have been convicted and sentenced for the offences as under:
(ii) For the offence under Section 323/34 IPC – 1 year simple imprisonment and a fine of Rs.1,000/- and in default of payment of fine, to further undergo 1 month simple imprisonment.
(iii) For the offence under Section 341 IPC – 1 month simple imprisonment and a fine of Rs.500/- and in default of payment of fine, to further undergo 15 days simple imprisonment.
All the sentences were directed to run concurrently.
2. Since after filing of the appeal, accused appellant No.2 – Sikandar has expired and the appeal stands abated against him, the present appeal is now being decided only to the extent of accused appellant Nos.1 and 3 – Mangilal and Jitendra @ Jeetu.
3. Succinctly stated the facts of the case are that on 11.06.2012, complaina
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The court established that spontaneous actions during a heated dispute can lead to a conviction for culpable homicide rather than murder, reflecting the importance of intent in legal determinations.
Point of law: only permissible view would be to hold each accused responsible for his individual act. As the incident took place at the spur of moment after the violence acts committed by the members....
Once it is concluded that case is of free fight, concept of vicarious liability under Section 149, IPC cannot be applied to such a case.
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