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K. J. THAKER, DINESH PATHAK
Aftab – Appellant
Versus
State – Respondent
JUDGMENT :
1. Heard learned Amicus Curiae Mr. Pawan Singh Pundir for the appellant, learned AGA for the State and also perused the record.
2. This appeal has arisen from the judgement and order dated 28.4.2009 passed by learned Sessions Judge, Meerut in S.T. No.307 of 2009, State of U.P. v. Aftab, (Case Crime No.378 of 2008) under Section 302 I.P.C., Police Station Delhi Gate, District Meerut. The learned Sessions Judge convicted the accused for life imprisonment for commission of offence under Section 302 Indian Penal Code (IPC) and with fine of Rs.10,000/-. In default of payment of fine, the accused shall undergo rigorous imprisonment for 6 months.
3. The brief facts as per prosecution case are that the complaint/FIR was lodged by Aas Mohammad (PW-2), brother of the accused and grand-son of the deceased declares that on 8.1.2008 at about 10.15 p.m. Aftab and his grand father were having altercatiion and then the accused cut the neck of Ramjan by Knife (Chhuri). He witnessed the occurrence. His brother Chand, his children and tenants were also present there. He and Chand tried to chase Aftab but he ran away from the spot. He took his grand-father in an injured condition to the Distri
Point of Law : It is very clear from the F.I.R. though unsupported by the prosecution and other witnesses of facts that there was a heated discussion and during the quarrel one of the accused had tri....
The academic distinction between 'murder' and 'culpable homicide not amounting to murder' has always vexed the Courts. The confusion is caused, if Courts losing sight of the true scope and meaning of....
Offence of Murder - Incident had occurred in a sudden fight, without any premeditation in the state of anger, the offence committed by the appellant, thus, would fall within the meaning of “culpable ....
Conviction for murder under Section 302 can be amended to culpable homicide under Section 304 based on circumstances, including lack of premeditation and severity of the injury.
Point of law : Motive plays an important role and becomes a compelling force to commit a crime and therefore motive behind the crime is a relevant factor for which evidence may be adduced.
The main legal point established in the judgment is the determination of the appropriate punishment under the IPC based on the circumstances and intention of the accused.
Unintentional homicide is not murder.
The court distinguished between murder and culpable homicide, concluding that the appellant's actions fell under Section 304 Part-I due to lack of intent and premeditation.
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