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SUDESH BANSAL
Sohan Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Sudesh Bansal, J. - Accused-appellant has filed this Criminal Appeal under Section 374 Cr PC, challenging the judgment dated 04.12.1990 in Sessions Case No.31/1990 (45/1990) titled as (State v. Sohan Lal) passed by the Additional Sessions Judge, Sikar, whereby the appellant has been convicted under Section 304 Part-I IPC and sentenced to suffer four years rigorous imprisonment with a fine of Rs. 5,000/-, in default four months simple imprisonment.
2. The contention of counsel for the appellant is that as per case of prosecution, allegation against the accused-appellant is to hit on the head of the deceased by a wooden stick, due to which, the deceased died, therefore, FIR was registered for offence under Section 302 IPC, however, after trial, the trial Court has convicted the appellant for offence under Section 304 Part-I IPC, but learned counsel contends that considering the fact that it is a case of single blow that too with a wooden stick; no pre-meditative attack, no intention of appellant to kill the deceased, no previous enmity; incident occurred in spur of moment on account of lifting some soil by deceased from the way, in front of appellant's house, hence, even if
The court altered the conviction from Section 304 Part-I IPC to Section 304 Part-II IPC, emphasizing the absence of intent to kill and the nature of the incident as impulsive.
cCnduct of the appellant, from the evidence led by the prosecution itself, indicates that neither was there any premeditation nor an intention to kill the deceased.
The court established that sudden provocation can reduce a murder charge to culpable homicide under Section 304 if the act occurs without premeditation and in the heat of passion.
The court established that a lack of premeditation and intention to kill in a sudden quarrel can lead to a conviction under Section 304 Part II IPC instead of Section 302 IPC.
Conviction for murder under Section 302 can be amended to culpable homicide under Section 304 based on circumstances, including lack of premeditation and severity of the injury.
The court established that a lack of premeditation and intent to kill can lead to a conviction under Section 304 IPC instead of Section 302 IPC in cases of sudden provocation.
The court held that when a death occurs from a single blow in the heat of passion during a sudden quarrel, it may be classified under Section 304 IPC instead of Section 302 IPC.
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