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SANDEEP MEHTA, FARJAND ALI
State of Rajasthan – Appellant
Versus
Ganesh Ram – Respondent
JUDGMENT
Sandeep Mehta, J. - The accused Ganesh Ram and Chanda Ram were tried for the offences punishable under Section 302 read with Section 34 IPC and in the alternative under Section 302/34, 323 IPC by the learned Sessions Court, Pali vide judgment dated 08.12.1988 in Sessions Case No.97/85 arising out of FIR No.16 dated 19.03.1985, Police Station Siriyari, District Pali.
Upon conclusion of the trial, the learned Sessions Judge proceeded to acquit the accused from the offence punishable under Section 302 IPC read with Section 34 IPC and instead, convicted them for the offence punishable under Section 304 Part I IPC read with Section 34 IPC and sentenced them to 7 years' Rigorous Imprisonment and a fine of Rs.250/- and to further undergo 3 months' Simple Imprisonment in default of payment of fine. The accused Chanda Ram was also convicted for the offence punishable under Section 323 IPC and was sentenced to one year's Rigorous Imprisonment on that account. All sentences were ordered to run concurrently.
The accused Chanda Ram and Ganesh Ram have filed Appeal No.50/1989 for assailing their conviction and the sentences awarded to them by the trial court whereas, the State of Rajasthan
The court established that mere presence at a crime scene does not imply liability for murder without clear evidence of intent and participation.
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The judgment establishes that for a conviction under Section 302 IPC, there must be clear evidence of intent and direct involvement in the act leading to death, and that joint liability under Section....
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The main legal point established in the judgment is the distinction between murder and culpable homicide not amounting to murder under Section 304 Part II IPC, based on the circumstances and intentio....
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