Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.SAHOO
Biswanath Sabar – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. overview of the prosecution case and trial (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments presented by the parties (Para 11 , 12 , 13) |
| 3. evidence and eyewitness accounts analyzed (Para 14 , 15 , 16 , 17 , 18 , 20 , 21 , 22) |
| 4. culpable homicide and intention vs. knowledge (Para 23 , 24 , 25 , 26 , 27) |
| 5. legal precedent on culpable homicide (Para 28 , 29 , 30 , 31 , 32 , 33) |
| 6. conclusion and reduction of sentence (Para 34 , 35 , 36 , 37 , 38) |
JUDGMENT :
S.K. SAHOO, J.
The appellant Biswanath Sabar faced trial in the Court of learned Additional Sessions Judge, Paralakhemundi in S.T. Case No.16 of 2019 for commission of offence punishable under section 302 of the Indian Penal Code (hereinafter 'I.P.C.') on the accusation that on 01.01.2019 at about 3.30 p.m. at village Krushnapur under Serango police station, he committed murder of informant's father, namely, Rabi Sabar (hereinafter 'deceased') by assaulting him with a sharped 'kati' intentionally with the knowledge that death would be caused by such assault.
2. The learned trial Court vide impugned judgment and order dated 19.10.2020 has been pleased to hold the appellant guilty under section 304 Part-I of the I.P
The court found that the accused committed grievous hurt rather than murder, emphasizing the lack of intention to kill based on evidence of a single, non-lethal blow.
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....
Criminal Law – 'Murder’ and 'culpable homicide not amounting to murder’ – Scope and meaning of terms - Accused was not carrying weapon rather they brought from home the blow was in act of sudden quar....
The central legal point established in the judgment is the distinction between culpable homicide and murder under the Indian Penal Code, and the assessment of the accused's knowledge and intention in....
The judgment established that culpable homicide can be classified as not amounting to murder when committed in the heat of passion during a sudden quarrel, without premeditation, as outlined in Excep....
The distinction between culpable homicide amounting to murder and that not amounting to murder hinges on the presence of intention and the nature of the injury inflicted, defined under Sections 299 a....
The intention or knowledge of the actor is a crucial factor in determining whether an act falls within the ambit of Section 300 IPC (murder) or Section 304 Part 1 IPC (culpable homicide not amounting....
Intent to kill was established through infliction of dagger wounds; original conviction for culpable homicide was incorrect as the act constituted murder as per IPC definitions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
