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KAUSHAL JAYENDRA THAKER, NALIN KUMAR SRIVASTAVA
Puttan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Nalin Kumar Srivastava, J.)
1. The Additional Sessions Judge/Special Judge (E.C. Act) Fatehpur convicted the convict/appellant Puttan in Sessions Trial No. 781 of 2006 arising out of Crime No. 340 of 2006, P.S.-Kotwali, District-Fatehpur under Section 302 I.P.C. and sentenced for life imprisonment and fine to a tune of Rs.2,000/- with default sentence of simple imprisonment for 6 months, feeling aggrieved of which the convict/appellant has preferred this appeal.
2. The factual scenario of the case according to the FIR is that on 8.9.2006 at 10.30-11.00 am when the informant Sohan Lal, his brother Puttan and mother Bhagwanti Devi were present at home, accused Puttan started abusing his mother for some money matter and when the informant intervened, he assaulted his mother Bhagwanti Devi with intention of kill her by axe and she died on spot. The accused fled away. A written report Ex.Ka-3 narrating the aforesaid facts was given to police station Kotwali, Fatehpur by the informant Sohan Lal and FIR Ex.Ka-1 was lodged on 8.9.2006 and G.D. Ex.Ka-2 was also prepared. The investigation started and the Investigating Officer performed the inquest proceedings and inquest report
The court applied the reformative theory of punishment and the doctrine of proportionality in sentencing, considering the evidence and the absence of premeditation.
The court reclassified the conviction for culpable homicide not amounting to murder due to lack of intent, emphasizing knowledge of likely death suffices under IPC Section 304 (Part-II).
The academic distinction between 'murder' and 'culpable homicide not amounting to murder' has always vexed the Courts.
Point of Law : Conviction and sentence awarded to appellant for offence under Section 302 IPC is converted into the offence under Section 304 (Part-I) IPC and appellant is sentenced under Section 304....
The distinction between 'murder' and 'culpable homicide not amounting to murder' under Section 299 and 300 of IPC, and the application of the reformative theory of punishment in sentencing.
The judgment established that culpable homicide can be classified as not amounting to murder when committed in the heat of passion during a sudden quarrel, without premeditation, as outlined in Excep....
The court established that the distinction between murder and culpable homicide hinges on the intent and premeditation of the accused.
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