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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA DHARI SINGH, DEVENDRA SINGH-I
Ramvijay – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. facts of the case overview (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments for sentence reduction (Para 10 , 11) |
| 3. prosecution's stance on conviction (Para 12 , 14) |
| 4. analysis leading to a modified conclusion (Para 15 , 34 , 35 , 36) |
| 5. precedents on intent and provocation (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 24 , 25 , 26 , 27 , 28 , 29 , 32) |
| 6. final judgment and order (Para 38 , 39 , 40 , 41) |
JUDGMENT :
Chandra Dhari Singh, J.
1. This criminal appeal has been filed against a judgement and order dated 30.01.2017 passed by the learned Additional District and Sessions Judge/FTC-II, Kushinagar at Padrauna in Sessions Trial No. 253 of 2015 arising out of case crime No. 525 of 2015, under Section 302 IPC, police station Kaptanganj, district Kushinagar whereby the learned Judge convicted and sentenced the appellant-Ramvijay to life imprisonment and a fine of Rs. 20,000/- (rupees twenty thousand only) under section 302 IPC.
Facts of the case
2. The facts that formed the bedrock of the present appeal are that a written report was given by Ram Rakshha to the Station House Officer, police station Kaptanganj, district Kushinagar that he was married to Sonmati and from their wedlock one
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 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 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 court held that the appellant's actions constituted culpable homicide not amounting to murder under Section 304 Part II IPC due to lack of premeditation and presence of heat of passion.
The court altered the conviction from murder under Section 302 to culpable homicide under Section 304 Part-II, emphasizing the absence of premeditation and the nature of the incident as a sudden figh....
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.
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