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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
VINIT KUMAR MATHUR, CHANDRA SHEKHAR SHARMA
Ravi Kumar S/o Satnaam – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
VINIT KUMAR MATHUR, J.
1. The present Criminal Appeal has been filed under Section 374(2) Cr.P.C. by the accused–appellant Ravi Kumar son of Shri Satnaam, assailing the legality and validity of the judgment dated 23.01.2023 passed by learned Additional Sessions Judge, Suratgarh, District Sri Ganganagar, in Sessions Case No. 26/2017 (State vs. Ravi Kumar) whereby the accused–appellant has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs.10,000/-, in default of payment of fine, to further undergo six month’s simple imprisonment.
2. Succinctly stated, the facts of the case are that on 18.06.2017, the complainant Deepak Singh submitted a written report (Exhibit P-9) at Police Station Suratgarh, stating therein that his uncle’s son, Sunny, son of Charan Singh, had come to Suratgarh from Sirsa approximately 9–10 days prior for the purpose of employment, along with Raju, Jayram, and Ravi. All four were residing together in a rented room situated in Ward No. 8, RIICO Area, Suratgarh. It was alleged that on 14.06.2017 at about 10:00 p.m., Ravi Kumar had a quarrel with Sunny Singh and, in the course of
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.
Point of law : Motive plays an important role and becomes a compelling force to commit a crime and therefore motive behind the crime is a relevant factor for which evidence may be adduced.
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.
The absence of intent to kill led to the reclassification of charges from murder to culpable homicide not amounting to murder.
The court affirmed the conviction for murder under Section 302 IPC, highlighting that the accused acted with sufficient intent, despite claims of provocation, based on consistent eyewitness testimoni....
The court modified convictions from murder to culpable homicide not amounting to murder, emphasizing the need for established common intention among accused, reflecting principles of reasonable doubt....
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