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SUNITA AGARWAL, SUBHASH CHANDRA SHARMA
Lalji – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SUBHASH CHANDRA SHARMA, J.
1. The present criminal appeal emanates from the judgment and order dated 26.02.1997 passed by the learned Sessions Judge, Mirzapur in Sessions Trial No. 77 of 1993 (State vs. Lalji and Others) arising out of Crime No. 196 of 1991 under Section 302/34 IPC, Police Station Chunar, District Mirzapur whereby accused Lalji, Shyamji, Pyare and Chhotai have been convicted and sentenced under Section 302 read with Section 34 IPC with life imprisonment.
2. The prosecution case in brief is that on 26.10.1991 at about 4 p.m. Lalman, father of the informant was heightening the walls of the cow shed (Gaushala) on the land granted on lease with the informant, sister Savita, mason Chibilli and labour Sita. In the meantime, Lalji, Shyamji, Pyare and Chhotai equipped with lathies came there. While abusing they claimed the land belonging to them as their lease land. Lalman responded by saying that it was his lease land over which the old cow shed was constructed. At that Shyamji exhorted and all the accused persons started beating him with lathies. He ran for about 30-40 steps but the accused persons surrounded him and killed by beating with lathies. On hue and cry
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 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 central legal point established in the judgment is the application of the Fourth Exception of Section 300 IPC, considering the absence of premeditation, sudden fight, and influence of intoxicatio....
Point of Law; It is well settled by plethora of judicial pronouncements by this Court that suspicion, however strong cannot take the place of proof. An accused is presumed to be innocent unless prove....
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