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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, V. NARASINGH
Kukuli Mallik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments on conviction charge under ipc (Para 8 , 9) |
| 3. court's analysis of intention and circumstances (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. final judgment and modification of conviction (Para 20 , 21) |
JUDGMENT :
D.Dash, J.
The Appellant, by filing this Appeal, from inside the jail, has challenged the judgment of conviction and order of sentence dated 08.10.2004 passed by the learned Sessions Judge, Phulbani in Sessions Trial No.178 of 2002, corresponding to Balliguda P.S. Case No.42 of 2002 of the Court of the learned Sub-Divisional Judicial Magistrate, Balliguda.
The Appellant (accused) thereunder has been convicted for commission of offence under section 302 of the INDIAN PENAL CODE , 1860 (in short, ‘IPC’) and sentenced to undergo imprisonment for life.
2. Prosecution Case:-
On 03.04.2002 during noon hour, one Arjuna Mallik of village Soutikia had gone to take bath in the nearby river. He having found a tortoise near the river, he brought it to their village. He then told the same to Ghasiram (P.W.6), Meher, Champeswar (P.W.3) and Rameswar (deceased) that they would prepare curry
The court ruled that a stabbing occurring during a quarrel, influenced by mutual provocation and intoxication, merited a conviction under Section 304-I of the IPC instead of Section 302.
Exception IV to Section 300 IPC allows for culpable homicide not amounting to murder in cases of sudden fights or quarrels without premeditation or undue advantage.
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 main legal point established in the judgment is the application of legal provisions and case laws to determine the nature of the offence and the intention of the accused.
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.
Point of law: It is true that the injury possible by fall on hard surface but depending on the force. It is true an alcoholic may sustain easily the rupture of blood vessels even at the slightest vio....
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.
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