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MANOJ KUMAR GARG, SANDEEP MEHTA
Pokar Ram – Appellant
Versus
State – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The instant criminal appeal has been filed by the accused appellant under Section 374(2) Cr.P.C. against the judgment dated 19.11.2019 passed by the learned Additional Sessions Judge, Bali, District Pali in Session Case No. 23/2016 by which learned Judge convicted the accused-appellant for offence under Section 302 IPC and sentenced him to life imprisonment and also imposed a fine of Rs.10,000/- and in default of payment of fine, to further undergo a sentence of six month s simple imprisonment.
2. Brief facts of the case are that a written report was filed by one Darga Ram before the Police Station, Rani, District Pali stating therein that his brothers viz. Pokar Ram and Hasta Ram both reside in a nearby Dhani and they used to often quarrel with each other for liquor. The day before, Hasta Ram came on a motorcycle after consuming liquor and in the night, Pokar Ram inflicted lathi blows on the head and body of Hasta Ram who succumbed to the injuries. The informant came to know about the incident only on next morning. When he reached the house of Hasta Ram, he was lying with only an underwear on his body.
3. On the basis of the said report, the Police reg
The court established that absence of intention to kill, even in a fatal altercation, can lead to a conviction for culpable homicide not amounting to murder under Section 304 IPC.
The central legal point established in the judgment is the significance of intention and premeditation in categorizing the offence under the Indian Penal Code.
The distinction between murder and culpable homicide lies in the presence of intent and premeditation, with spontaneous acts being treated as culpable homicide not amounting to murder.
The court distinguished between murder and culpable homicide, concluding that the appellant's actions fell under Section 304 Part-I due to lack of intent and premeditation.
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 distinction between murder and culpable homicide is fundamentally based on the presence or absence of intent, with actions classified under Section 304 Part II when committed without intention to....
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.
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 distinction between murder and culpable homicide depends on the presence of intent; absence of premeditation warrants a lesser charge under Section 304 Part II IPC.
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