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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR, CHANDRA SHEKHAR SHARMA
Karan Singh, S/o Vijay Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
Chandra Shekhar Sharma, J.
1. The present criminal appeal has been filed under Section 374(2) of Cr.P.C. against the judgment of conviction and order of sentence dated 26.04.2017 passed by learned Additional Sessions Judge, No.2, Barmer in Sessions Case No. 16/2016 (102/2013 – State of Rajasthan Vs. Karan Singh) whereby appellant-Karan Singh was found guilty for the offence under Section 302 I.P.C. and he was sentenced to suffer life imprisonment and a fine of Rs.5000/-; in default of payment of fine, he was to further undergo Six months’ Simple Imprisonment.
2. Succinctly stated, the facts of the case are that at the instance of the complainant, PW-2 Chunni Lal, a written report (Ex.P.1) was lodged at Police Station Kotwali, Barmer, alleging that on 10.10.2013 at about 9:00 p.m., his nephew Kirit was taken to the Government Hospital, Barmer, after sustaining a head injury during a scuffle. On receiving this information, the complainant reached the hospital and learnt that the incident had occurred at Mahaveer Park, Barmer. He, thereafter, went to the place of occurrence, where Mukesh and Tikam Chand informed him that Kirit had been sitting on a slide where a person aged ab
Conviction for murder was altered to culpable homicide not amounting to murder due to lack of evidence for intent, emphasizing that premeditated murder requires clear intent, especially absent motive....
The appellate court modified the conviction from Section 302 to Section 304 IPC, recognizing the absence of premeditation and intention to kill during a sudden altercation influenced by the accused's....
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 absence of intent to kill led to the reclassification of charges from murder to culpable homicide not amounting to murder.
The court established that culpable homicide can be distinguished from murder based on the presence of intention and premeditation, particularly in cases of sudden provocation.
The court ruled that the actions of the appellants amounted to culpable homicide not amounting to murder, reducing their conviction from Section 302 to Section 304 Part II IPC due to lack of intent.
The main legal point established in the judgment is the application of legal provisions and case laws to determine the nature of the offence and the intention of the accused.
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