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HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA DHARI SINGH, DEVENDRA SINGH-I
Jagannath – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Chandra Dhari Singh, J.
1. This Criminal appeal has been filed against the judgement and order dated 25.02.2017 passed by the Additional Sessions Judge, Court No. 3, Mathura in ST No. 24 of 2013, under Section 302, 307 IPC, police station Goverdhan, district Mathura whereby the learned Judge convicted and sentenced the appellant to life imprisonment and a fine of Rs. 5,000/- under Section 302 IPC and in default of payment of fine, the appellant was further directed to undergo additional simple imprisonment of two years. He was further convicted and sentenced to one year simple imprisonment and a fine of Rs. 1000/- under Section 323 IPC and in default of payment of fine, he was to undergo one month’s additional imprisonment.
2. However, both the sentences were directed to run concurrently.
Brief Facts
3. In short compass, the facts of the case are that a written report was given by Krishna Das, son of Madhusudan, resident of Barsana, district Barsana, district Mathura (hereinafter referred to as the “first informant”) to the Station House Officer, police station Goverdhan that there is a hand pump in the house of his sister Meera. Jagannath, disciple of Anant Das, was filling
The court held that when a death occurs from a single blow in the heat of passion during a sudden quarrel, it may be classified under Section 304 IPC instead of Section 302 IPC.
The appellate court modified the conviction from Section 302 to Section 304 IPC, recognizing the absence of premeditation and intention to kill during a sudden altercation influenced by the accused's....
The court modified conviction from murder to culpable homicide under Section 304 IPC, establishing that the incident arose from sudden provocation and was not premeditated.
The court ruled that a stabbing occurring during a quarrel, influenced by mutual provocation and intoxication, merited a conviction under Section 304-I of the IPC instead of Section 302.
The court established that a lack of premeditation and intention to kill in a sudden quarrel can lead to a conviction under Section 304 Part II IPC instead of Section 302 IPC.
The main legal point established in the judgment is the application of legal principles to determine the appropriate offense based on the nature of injuries and intention.
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