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SIDDHARTHA VARMA, MANISH KUMAR NIGAM
Krishna Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Manish Kumar Nigam, J.)
1. This appeal has been filed challenging the judgment and order dated 22.11.2008 passed by the learned Additional Sessions Judge, Varanasi by which the appellants Krishna Kumar, Hirawati and Lalman had been awarded life imprisonment in Sessions Trial No.291 of 2022 arising out of Case Crime No.167 of 2000 under sections 147, 148, 302, 323 and 149 of Indian Penal Code and the appellant-Ram Achal had been awarded life imprisonment in Sessions Trial No.291-A of 2002 arising out of Case Crime No.167 of 2000 under sections 147, 148, 149, 302 and 323 of Indian Penal Code.
2. Upon an incident having taken place on 15.9.2000 at around 4.00 PM, the first informant namely Dinesh Kumar Yadav lodged a First Information Report on the very same day at around 23.05 PM.
3. As per the prosecution case, which can be gleaned out from the First Information Report, the first informant, aggrieved by the death of his brother Ramesh, had lodged the First Information Report. The First Information Report had stated that Shiv Kumar Yadav son of Lalman Yadav was taunting his sister Saroja and upon hearing the taunt, Dinesh Kumar-the first informant and Ramesh-the deceased,
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....
Murder and attempt to murder – In a case of free fight between parties where both parties have sustained injuries, benefit of Section 4 of Probation of Offenders Act, 1958 can be extended.
The court clarified that mere participation in an assault does not equate to intent to kill, necessitating clear evidence of a common object for murder to uphold convictions under Section 302.
The judgment established the need for clear reasoning in establishing the offence of murder and emphasized the importance of analyzing the intention and circumstances of the accused's actions.
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.
Conviction modified - Offence of Murder - Injured witnesses P.W.1, P.W.2 and P.W.3 had received injuries of blunt object, which were caused by accused-appellants with Lathis and Dandas but injuries w....
The main legal point established in the judgment is the distinction between culpable homicide not amounting to murder and the absence of intention to kill, leading to the alteration of the conviction....
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