IMPORTANT POINT
The court clarified the distinction between murder and culpable homicide, emphasizing the absence of premeditation and the nature of the incident.

JUDGMENT :

(Pushpendra Singh Bhati, J.)

1. This criminal appeal from Jail has been preferred on behalf of the accused-appellant assailing the judgment of conviction and order of sentence dated 22.07.2015 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Udaipur (‘Trial Court’) in Sessions Case No.49/2015 (CIS No.1339/2015) (State of Rajasthan Vs. Gopal), whereby the accused-appellant had been convicted and sentenced as below:

2. Brief facts of the case, as placed before this Court by learned counsel for the accused-appellant, are that on 15.05.2011, one Raunak Jain (complainant), while being at Maharana Bhupal Hospital (Ward No.33), submitted a written report before the SHO, Police Station, Surajpole, Udaipur stating therein that the complainant owned a shop, namely, Mohan Chemical at Amal Ka Kanta, on the ground floor of his residential premises.

2.1. As per the report, on the said date, while the complainant and his mother Kalpana Jain were sitting in the shop, Gopal (present accused-appellant), who at the relevant time, was in an intoxicated state, came to the shop and demanded an acid bottle and money. The accused-appellant at that time asked the complainant and his mother as to why they asked for money towards acid bottle from the accused-appellant, and while asking so, he took the acid bottle from beneath the counter and poured the acid on the complainant and his mother.

2.2. As a result of the said act of the accused-appellant, the complainant sustained burns on both of his hands, face and back of the shoulder, while his mother sustained burns on both hands, face, back, right eye and abdomen. It was also reported that both the complainant and his mother were in a serious medical condition. As per the complainant, the said act of the accused-appellant was intervened by one Mangilal Jain and Kishanlal Ji with a view to rescue the complainant, whereupon the accused-appellant fled from the spot, and thereafter, both the complainant and his mother were taken to the hospital by Ambulance.

2.3. On the basis of the aforesaid report, an FIR bearing No.200/2011 was registered on 15.05.2011 at Police Station, Surajpole, Udaipur under Sections 327 & 307 IPC and the investigation commenced accordingly.

2.4. After investigation, the police submitted a charge-sheet against the petitioner under Sections 326, 327 & 307 IPC before the Court of learned Chief Judicial Magistrate, Udaipur.

2.5. Another report was submitted by the complainant’s brother, namely, Rajat Jain on 26.06.2011, stating that his mother (Smt. Kalpana Jain) was referred to Apollo Hospital and remained thereat for about 14 days, and after being discharged from the said hospital on 24.06.2011, she was taken to Dungarpur by her brother. On the next day i.e. 25.06.2011, Smt. Kalpana Jain succumbed to the burn injuries and died at around 5:00 p.m., and the cause of death, as stated, was spread of infection due to acid burns. 2.6. As a consequence of death of Smt. Kalpana Jain (deceased), the police submitted a Titamba charge-sheet against the accused-appellant under Section 302 IPC before the learned Chief Judicial Magistrate, Udaipur, and owing to such nature of offence, the matter was committed by the learned Magistrate to the learned Sessions Judge, Udaipur, from where the matter was referred to the learned Trial Court.

2.7. The learned Trial Court had framed charges against the accused-appellant under Sections 326, 329, 307 & 302 IPC, and the same were read over to the accused-appellant, whereupon he denied the charges and claimed to be tried.

2.8. During the t