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RONGON MUKHOPADHYAY, SANJAY PRASAD
Krishna Deo Yadav @ Krishnadeo Yadav – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
R. Mukhopadhyay, J.
Heard Mr. Lalit Yadav, learned counsel for the appellants and Mr. Pankaj Kumar, learned P. P. for the State.
2. Since both these appeals arise out of a common judgment, the same are being disposed of by this common order.
3. These appeals have been preferred against the judgment of conviction dated 03.04.2018 and order of sentence dated 04.04.2018 passed by Sri Vijay Kumar, learned 3rd Additional Sessions Judge, Deoghar in S. T. No. 69 of 2009 whereby and whereunder the appellants have been convicted for the offences punishable under Sections 302 and 307 of I.P.C. and have been sentenced to undergo rigorous imprisonment for life under Section 302 of I.P.C. along with a fine of Rs. 5,000/- and in default in payment of fine to undergo simple imprisonment for six months. They have also been sentenced to undergo rigorous imprisonment for 7 years and a fine of Rs. 5,000/- for the offence punishable under Section 307 of I.P.C. and in default in payment of fine to undergo simple imprisonment for six months.
4. The prosecution story in brief is that on 17.09.2008 at 6:00 A.M., the rain water flowing from the house of Titu Mahto had entered into the house of the in
The court established that in cases of sudden altercations without premeditation, the appropriate charge may be reduced from murder to culpable homicide not amounting to murder under Section 304 Part....
The main legal point established in the judgment is the court's reliance on eyewitness testimonies and medical evidence to establish the guilt of the appellant for the offence under section 304 part ....
The main legal point established in the judgment is the application of Exception 4 to Section 300 IPC in cases of sudden fights and the absence of premeditation, leading to a conviction under Section....
Although the accused had the intent to kill, yet, the assault was the out-come of a sudden quarrel, made in a heat of passion and without any premeditation
The accused committed murder with the use of deadly weapons and there was no sudden fight or quarrel as envisaged in Exception 4 to Section 300 IPC.
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