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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR, ANUROOP SINGHI
Laxman Das, S/o. Shri Khem Chand – Appellant
Versus
State, Through P.P. – Respondent
| Table of Content |
|---|
| 1. conviction of laxman das based on fir (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments about appellant’s mental state and intention (Para 9 , 10 , 11) |
| 3. assessment of intent in inflicting injury (Para 12 , 13 , 20 , 21 , 22 , 24) |
| 4. converting conviction from section 302 to 304 part ii (Para 23) |
| 5. final judgment and sentence imposed (Para 25) |
JUDGMENT :
Vinit Kumar Mathur, J.
1. The instant appeal under Section 374 (2) Cr.P.C. has been preferred by the appellant Laxman Das S/o Shri Khemchand, against the judgment dated 21.08.2019 passed by the learned Additional Sessions Judge No.5, Jodhpur Metro, in Sessions Case No.239/2017, arising out of FIR No.260/2017, whereby the accused-appellant stands convicted for the offence under Section 302 of the IPC .
2. By the said judgment, the learned trial Court has sentenced the appellant to undergo imprisonment for life till the remainder of his natural life along with a fine of Rs.50,000/-, and in default of payment of fine, further to undergo simple imprisonment for six months.
3. The brief facts necessary for deciding the present appeal are that on 29.06.2017, the complainant, Bhishma Kumar, submitted a written complaint to t
The conviction for murder was converted to culpable homicide not amounting to murder due to lack of intent and premeditation, establishing criteria for lesser culpability in emotional disturbance cas....
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 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.
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 established that sudden provocation can reduce a murder charge to culpable homicide under Section 304 if the act occurs without premeditation and in the heat of passion.
The court established that a lack of premeditation and intent to kill can lead to a conviction under Section 304 IPC instead of Section 302 IPC in cases of sudden provocation.
The court distinguished between murder and culpable homicide, concluding that the appellant's actions fell under Section 304 Part-I due to lack of intent and premeditation.
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