Back
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
RAJNISH KUMAR, ZAFEER AHMAD
Phool Chandra – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Rajnish Kumar, J.
(1) Heard Sri Avinash Kumar Srivastava, learned counsel for the appellant No.1, Sri Rajesh Kumar Awasthi, learned counsel for the appellant No.2, Sri Pawan Kumar Mishra, learned A.G.A. for the State and Sri Ravi Kant Pandey, learned counsel for the complainant.
(2) The instant Criminal Appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (here-in-after referred as Cr.P.C.) hasbeen filed against the judgment and order dated 03.08.2004 passed by learned Sessions Judge, Ambedkar Nagar in Sessions Trial No.21/2000; State Vs. Phool Chandra and Others, arsing out of Case Crime No.311/1999, under Sections 302 , 504 and 506 of the Indian Penal Code, 1860 (here-in-after referred as I.P.C.), Police Station Baskhari, District Ambedkar Nagar, by means of which, the appellants have been convicted under Section 302 I.P.C. read with Section 34 I.P.C. and sentenced under I.P.C. for life imprisonment alongwith fine of Rs.10,000/- each and in default of payment of fine, to undergo additional six months' rigorous imprisonment and under Section 506 I.P.C. to pay fine of Rs.5,000/- each and in default of payment of fine, to undergo three months' rigorous imp
The court ruled that the actions of the appellants amounted to culpable homicide not amounting to murder, reducing their conviction from Section 302 to Section 304 Part II IPC due to lack of intent.
The court established that the presence of intention to kill, the nature of the weapon used, and the circumstances of the quarrel are critical in determining whether an act constitutes murder or a le....
The absence of intent to kill led to the reclassification of charges from murder to culpable homicide not amounting to murder.
Unintentional homicide is not murder under Section 302 of IPC.
Fatal blow inflicted on head of victim with great force will constitute offence of murder.
Culpable homicide may be reduced to lesser charges under Exception 4 of Section 300 IPC when death occurs due to injuries inflicted during a sudden fight without premeditation.
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....
The court reclassified the conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part-II IPC due to lack of intent and motive.
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
