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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MAHENDAR KUMAR GOYAL, CHANDRA PRAKASH SHRIMALI
Rajpal @ Kaluddi S/o Late Shri Nihal Singh – Appellant
Versus
State of Rajasthan through P.P. – Respondent
| Table of Content |
|---|
| 1. appellant's conviction basis details. (Para 1 , 2) |
| 2. defendant's appeal arguments presented. (Para 3 , 4) |
| 3. court’s observations on evidence and conviction. (Para 6 , 7 , 8) |
| 4. legal principles regarding sentence reduction. (Para 9 , 10 , 11) |
| 5. final ruling and modification of sentencing. (Para 12) |
ORDER :
1.This criminal appeal is directed against the judgment dated 27.10.2017 passed by learned Additional Sessions Judge No.2, Bayana Bharatpur (for short 'learned Trial Court') in Sessions Case No.09/2017 whereby, the accused-appellant (for brevity ‘the appellant’) has been convicted and sentenced as under:
1. Under Section 302 IPC: Life imprisonment and fine of Rs.2,000/- in default whereof, three months’ simple imprisonment.
2. Under Section 201 IPC: One year’s rigorous imprisonment and fine of Rs. 1,000/- in default whereof, one month simple imprisonment.
Sentences to run concurrently.
2. The relevant facts in brief are that Sh. Ajit Singh (PW-2) lodged a written report dated 11.10.2014 at about 07:50 a.m. at Police Station-Roopbas, District-Bharatpur stating therein that yesterday night at about 11:00 p.m., after study, he went to bed. It was stated that his mother-S
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.
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 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.
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.
The court held that the appellant's actions constituted culpable homicide not amounting to murder under Section 304 Part II IPC due to lack of premeditation and presence of heat of passion.
The judgment established the distinction between murder and culpable homicide, and the factors to be considered for awarding appropriate sentence under IPC 302 or IPC 304 Part-II.
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