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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANOJ KUMAR GARG, RAVI CHIRANIA
Mohammed Irfan, S/o Hasam Bhai – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
Judgment :
MANOJ KUMAR GARG, J.
Instant criminal appeal has been filed by the appellant against the judgment and order dated 11.03.2025 passed by learned Additional Sessions Judge, Jaitaran, District Pali, in Session Case No.16/2019 by which the learned Trial Court convicted the appellant for offence under Section 302 IPC and sentenced him for life imprisonment along with a fine of Rs.1,00,000/- and in default of payment of fine to further undergo one year’s RI.
2. Brief facts necessary to be noted for deciding the controversy are that on 17.03.2019, complainant- Ajeet submitted a written report before the concerned Police Station to the effect that on 16.03.2019, he, accompanied by his nephew Hussain (referred to as Bhanja), traveled from Jamnagar to Raas in a tanker vehicle and subsequently parked it within the premises of Bangar Cement Factory. At that time, another driver named Irfan and his helper Vanraj were already present in the factory's parking area. Following the parking of their respective vehicles, all four individuals proceeded together to Ma Nagnarai Hotel for a meal, approximately between 9:00 and 9:30 PM. It is noted that Mahesh and Shyam Ji, who were staff members
Absence of premeditation and intent to kill during an altercation qualifies the act as culpable homicide not amounting to murder under IPC Section 304 Part II.
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.
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 distinction between murder and culpable homicide not amounting to murder depends on the presence of intent and premeditation, especially in cases of sudden provocation.
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 distinction between murder and culpable homicide hinges on the accused's intention, with sudden provocation potentially reducing the charge from murder to culpable homicide not amounting to murde....
The distinction between murder and culpable homicide hinges on the accused's intent; insufficient evidence of intent led to reclassification from murder to culpable homicide.
(1) Intention of a person cannot be proved by direct evidence but is to be deduced from the facts and circumstances of a case – ‘Intent’ and ‘knowledge’ cannot be equated with each other – They conno....
Unintentional homicide is not murder under Section 302 of IPC.
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