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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI, ANAND SHARMA
Tarachand, S/o. Shri Hamera – Appellant
Versus
State Of Rajasthan, Through Pp. – Respondent
| Table of Content |
|---|
| 1. incident report leading to fir registration. (Para 2 , 3) |
| 2. trial procedures and parties’ positions. (Para 4 , 5) |
| 3. ocular testimony and witness reliability. (Para 6 , 7 , 8) |
| 4. medical evidence and nature of injury. (Para 9 , 10 , 11) |
| 5. assessment of intention and heat of passion. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 6. final verdict and sentencing rationale. (Para 20 , 21 , 22) |
ORDER :
Farjand Ali, J.
1. By way of filing this Criminal Appeal under Section 374 (2) of the Code of Criminal Procedure, the appellant has assailed the judgment and order dated 06.04.2023 passed by learned Sessions Judge, Udaipur, in Sessions Case No. 111/2022 arising out of FIR No. 18/2022, Police Station Gogunda, District Udaipur, whereby the learned Trial Court has convicted and sentenced the appellant as detailed hereinbelow.
2. The brief facts emerging from the record indicate that complainant Shri Kanaram (PW-09) lodged a written report (Ex.P-10) at Police Station Gogunda, District Udaipur on 08.01.2022, stating that on 07.01.2022 at about 11:00 p.m., while he was at his house, he heard loud cries coming from the direction of the house of his elder brother, Hemera s/o Dalu Gameti (
The court established that an act committed in sudden passion without premeditation, leading to a single fatal blow, constitutes culpable homicide not amounting to murder under Section 304 Part II IP....
The court modified the conviction from murder to culpable homicide not amounting to murder, emphasizing the absence of premeditation and the nature of the altercation as a sudden fight.
The court determined that the appellant's actions were provoked, warranting a conviction under Section 304 Part-I instead of Section 302, emphasizing the absence of premeditation.
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.
The main legal point established in the given judgment is that the appellant's act was committed on the spur of the moment, without premeditation, and without taking undue advantage or acting in a cr....
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