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2023 Supreme(All) 1290

SURYA PRAKASH KESARWANI, NAND PRABHA SHUKLA
Kali Prasad Misra – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Satish Trivedi, Manoj Kumar Singh, P.K. Singh
For the Respondent: Saurabh Chaturvedi

Judgement Key Points

Key Points: - (!) The IPC framework distinguishing murder (Section 300) from culpable homicide not amounting to murder (Section 304, including Part I and Part II) is explained. - (!) (!) Prosecution details and defense arguments regarding lack of premeditation and heat of passion are discussed. - (!) (!) (!) The trial court’s findings and the appellate discussion on whether the act constitutes murder or culpable homicide. - (!) (!) Numerous precedents and principles (e.g., Virsa Singh, Joseph, Pappu, Gurmail Singh, Jugut Ram, Anbazhagan) are cited to analyze intention vs. knowledge and the application of Exception 4. - (!) (!) The judgment ultimately alters conviction from murder to culpable homicide not amounting to murder under Section 304 Part II for the accused, with specific sentencing. - (!) (!) (!) The elements of "culpable homicide" and the tests for determining whether an act is murder or culpable homicide not amounting to murder. - (!) (!) The court discusses factors for appropriate sentencing and proportionality.

What is the appropriate classification of the death under IPC: murder under Section 302/34 or culpable homicide not amounting to murder under Section 304 Part I or Part II?

What is the role of exceptions to Section 300 IPC (especially Exception 4) in converting a murder conviction to culpable homicide not amounting to murder based on heat of passion or sudden quarrel?

How should sentencing be determined when the acts were committed in heat of passion without premeditation, considering factors for proper punishment and proportionality?

Table of Content
1. establishment of case facts and parties involved. (Para 1 , 2)
2. factual background of the case and incident (Para 3 , 4 , 5 , 6 , 7)
3. arguments from the defense and prosecution (Para 8 , 9 , 10 , 11)
4. court's analysis of facts, evidence, and legal principles (Para 12 , 13 , 14 , 15 , 19 , 20 , 24 , 49 , 50 , 51)
5. legal definitions of culpable homicide and murder (Para 18 , 22 , 23)
6. application of law to facts and definitions under ipc. (Para 21)
7. final judgment and sentencing (Para 52 , 53)

JUDGMENT :

Surya Prakash Kesarwani, J.

1. Heard Shri PK Singh, learned counsel for the accused appellant No.1, Shri I.K. Chaturvedi, learned Senior Advocate assisted by Shri Amresh Singh and Shri Saurabh Chaturvedi, learned counsel for the informant and Shri K.P. Pathak, learned A.G.A. for the State.

2. There are two appellants in this appeal. Appellant no.2 Sheo Shanker Misra has died and the appeal qua the accused appellant no.2 Sheo Shanker Misra has been abated by order dated 30.08.2018. Thus, the appeal now survives only for accused appellant no.1 Kali Prasad Misra.

Facts:-

3. Briefly stated facts of the present case are that the informant eyewitness PW-1, Smt. Ram Adhar

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2023 Supreme(All) 1290

SURYA PRAKASH KESARWANI, NAND PRABHA SHUKLAKali Prasad Misra – AppellantVersusState of U. P. – Respondent

What is the appropriate classification of the death under IPC: murder under Section 302/34 or culpable homicide not amounting to murder under Section 304 Part I or Part II?

What is the role of exceptions to Section 300 IPC (especially Exception 4) in converting a murder conviction to culpable homicide not amounting to murder based on heat of passion or sudden quarrel?

How should sentencing be determined when the acts were committed in heat of passion without premeditation, considering factors for proper punishment and proportionality?

Cases Referred (33)

SURYA PRAKASH KESARWANI, NAND PRABHA SHUKLA
Kali Prasad Misra – Appellant
Versus
State of U. P. – Respondent