Back
MUNNURI LAXMAN, VIJAY BISHNOI
Subhash Khichad, son of late Mahendra Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
(Vijay Bishnoi, J.) :
1. The instant criminal appeal has been preferred on behalf of the appellants being aggrieved with the judgment dated 26.08.2016 passed by the Additional Sessions Judge, No.2 Hanumangarh in Sessions Case No.01/2014, whereby it has convicted the appellant No.1 - Subhash for the offences under Sections 302, 201 IPC and Section 3/25, 7/27 (2) of the Arms Act, 1959 (hereinafter to be referred as ‘the Arms Act’) and convicted appellant No.2 - Ankush under Section 302/34 and 201 IPC. The trial court has sentenced both the appellants as under :-
Appellant - Subhash
| Under Section 302 IPC | Sentenced to undergo Life imprisonment | Fine of Rs. 10,000/- | In default of payment of fine further to undergo 6 months’ SI |
| Under Section 201 IPC | Sentenced to undergo 3 years’ SI | Fine of Rs. 5000/- | In default of payment of fine further to undergo 3 months’ SI |
| Under Section 3/25 Arms Act | Sentenced to undergo 1 year’s SI | Fine of Rs. 1000 | In default of payment of fine further to undergo 1 month’s SI |
| Under Section 7/27 (2) Arms Act | Sentenced to und |
The court modified the conviction of Subhash from murder to culpable homicide not amounting to murder, emphasizing the need for evidence of common intention in joint criminal acts.
The absence of intent to kill led to the reclassification of charges from murder to culpable homicide not amounting to murder.
The court ruled that the actions of the appellants amounted to culpable homicide not amounting to murder, reducing their conviction from Section 302 to Section 304 Part II IPC due to lack of intent.
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....
Advocates appeared :For the Appellant : Ashok Kumar Jain For the Respondent : R. K. Awasthi
The distinction between intention and motive is crucial in determining the nature of the offence, and the duty to separate evidence for each accused is essential in criminal cases.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
