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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Laxman Doraiburu @ Laxman Deraiburu – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. factual background: brother stabbed brother over ox sale quarrel. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. appellant claims sudden fight; exception 4 applies, not murder. (Para 10) |
| 3. state: reliable eyewitness proves intentional murder, no exception. (Para 11) |
| 4. sole eyewitness credible; supports conviction despite io lapses. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. exception 4 applies to sudden unpremeditated quarrel without cruelty. (Para 18 , 19 , 20 , 21 , 22) |
| 6. conviction altered to section 304 part-i with reduced sentence. (Para 23 , 24 , 25 , 26 , 27 , 28) |
JUDGMENT :
Pradeep Kumar Srivastava, J.
We have heard Mr. Gautam Kumar, learned counsel for the appellant and Learned Spl.P.P. for the State.
2. The instant criminal appeal is directed against the judgment dated 21.03.2023, passed in S.T. No. 188 of 2021, by the learned Sessions Judge, West Singhbhum at Chaibasa, whereby and whereunder, the appellant has been held guilty for the offence under Section 302 of the IPC and sentenced to undergo imprisonment for life along with a fine of Rs. 10,000/- with default stipulation.
Factual Matrix:-
3. Factual matrix giving rise to this appeal is that on 09.05.2021, at about
Sudden quarrel without premeditation, single stab in heat of passion without undue advantage or cruelty attracts Exception 4 to Section 300 IPC; offence reduced from Section 302 murder to Section 304....
The court upheld the conviction under Section 302 of the Indian Penal Code, rejecting the appellant's claims of lack of evidence and premeditation. The court dismissed the appellant's plea for a less....
The court affirmed that the 1st accused's act of stabbing the deceased constituted murder, rejecting the applicability of Exception 4 to Section 300 IPC due to the absence of mutual combat.
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.
Criminal Law - Murder/ Culpable homicide not amounting to murder. – Conviction modified - In order to avail the benefit of Exception IV of Section 300 of IPC, defence is only required to probabilise ....
The Court modified conviction from murder to culpable homicide, applying Exception 4 to Section 300 IPC for sudden assault without premeditation.
The main legal point established in the judgment is the application of the exceptions under Section 300 IPC, particularly in cases involving sudden quarrel and loss of self-control, and the need to e....
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.
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