Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Siddhartha Varma, Syed Qamar Hasan Rizvi
Rajjan – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Syed Qamar Hasan Rizvi, J.
1. This criminal appeal has been preferred on behalf of the accused namely Rajjan against the judgment and order of conviction and of sentence dated 06.09.1983 passed by learned Additional Sessions Judge IV, Court No.1, Etawah, in Sessions Trial No. 341/1981 (State of U.P. versus Rajjan), arising out of Case Crime No.75/1978 Police Station- Dibiyapur, District Etawah, whereby the appellant was convicted for offence punishable under Section 302 /149 of Indian Penal Code and was sentenced to undergo imprisonment for life, 323/149 of Indian Penal Code for causing simple hurt and was also convicted for offence punishable under Section 147 Indian Penal Code.
2. The accused was challaned by the police of Dibiyapur police station for committing the offence punishable under sections 302/149, 323/149 & 147 of IPC . The case was committed to the Sessions Court for trial.
3. The allegation against the accused is that Rajjan along with Babu Ram, Vedprakash, Balveer and 7/8 other companions formed an unlawful assembly at Brahmadev fair in village Jamauli, Police Station Dibiyapur, District Etawah on 23.4.78, with their common object to murder Murli Prasad and
The distinction between intention and knowledge is critical in determining culpability for homicide, impacting the charge from murder to culpable homicide not amounting to murder.
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....
(1) Intention of a person cannot be proved by direct evidence but is to be deduced from the facts and circumstances of a case – ‘Intent’ and ‘knowledge’ cannot be equated with each other – They conno....
The court clarified that in cases of mutual fights, absence of premeditated intent necessitates a conviction under Section 304 Part-II, reflecting knowledge rather than intent to kill.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
