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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
H.S.GREWAL
Ram Kishan Etc. – Appellant
Versus
State Of Haryana – Respondent
| Table of Content |
|---|
| 1. establishment of facts surrounding the incident. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments of the defense and prosecution. (Para 7 , 8) |
| 3. court analysis of evidence and witness credibility. (Para 9 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 4. determination of culpability and appropriate charge. (Para 31 , 32) |
| 5. final judgment and order of sentencing. (Para 34 , 35 , 36 , 37) |
H.S. Grewal, J.
The present appeal has been preferred by the appellants against the judgment of conviction and order of sentence dated 01.06.2004 and 03.06.2004 respectively passed by the learned Sessions Judge, Bhiwani in case F.I.R. No.128 dated 06.07.2001, registered at Police Station Tosham, whereby they have been convicted under Section 302 read with Section 34 IPC and sentenced to undergo life imprisonment, to pay a fine of Rs.2,000/- each and in default thereof, to undergo further rigorous imprisonment for six months each.
2. The case of the prosecution is that the complainant-Raj Kumar s/o Bir Singh had recorded his statement to the effect that his family had 10-12 goats which they used to tether in their plot. In front of their plot, the house of the appellants was situated. On 05.07.2
The court modified the conviction from murder under Section 302 IPC to manslaughter under Section 304 Part II IPC, emphasizing lack of premeditation and specific intent due to sudden provocation.
The main legal point established in the judgment is the distinction between murder and culpable homicide not amounting to murder under Section 304 Part II IPC, based on the circumstances and intentio....
The main legal point established in the judgment is that for a conviction under Section 302 IPC, the injury must be intended to cause death and be sufficient to cause death in the ordinary course of ....
The lack of evidence identifying which appellant inflicted the fatal injury necessitates a conviction reduction to a lesser charge.
The court held that the accused committed culpable homicide not amounting to murder due to the absence of premeditated intent to kill amidst a sudden quarrel, justifying a conviction under Section 30....
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