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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Hon'ble Rajnish Kumar,J. and Hon'ble Zafeer Ahmad,J.
Kamal Prasad – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Zafeer Ahmad, J.
1. Heard, Sri Piyush Kumar Singh, learned counsel for the appellant and learned A.G.A for the State. Perused the records.
2. The aforesaid criminal appeal arises out of judgment and order dated 29.03.2016 passed by Sessions Judge, Balrampur in S.T. No. 145/2013 (State v. Kamal Prasad), arising out of Case Crime No. 356/2012, Police Station Pachperwa, District Balrampur whereby the appellant has been convicted under Section 302 of Indian Penal Code,1860 (in short I.P.C) and sentenced to rigorous imprisonment for life along with a fine of Rs. 10,000/- and in default of payment of fine, to undergo an additional one year of simple imprisonment.
Prosecution Story in Nutshell:
3. The prosecution story, in brief, is that on 19.04.2012, the complainant Anil Kumar s/o Kamal Prasad r/o Semrahwa, Police Station Pachperwa, District Balrampur submitted a written report at Police Station Pachperwa stating therein that at about 2:30 PM, his mother, Indravati, was alone at home when his father, Kamal Prasad, entered the house and started quarrelling with her and, in a fit of rage, assaulted her with an axe, causing her death. It was further stated that the complainant, alon
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.
Part II of Section 304 of IPC comes into play when the death is caused by doing an act with knowledge that it is likely to cause death, but there is no intention on the part of the accused either to ....
The court clarified the distinction between murder and culpable homicide, emphasizing that sudden altercations without premeditated intent can lower the charge under IPC.
Section 304 Part II IPC relates to punishment but without any intention to cause death.
The central legal point established in the judgment is the distinction between culpable homicide and murder under the Indian Penal Code, and the assessment of the accused's knowledge and intention in....
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