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MANOJ KUMAR TIWARI, PANKAJ PUROHIT
Rajendra Prasad – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Pankaj Purohit, J.
This Appeal is preferred by the appellant to set aside the judgment and order dated 7/8.04.2016, passed by learned Sessions Judge, Nainital in Session Trial No.31 of 2015, “State of Uttarakhand Vs. Rajendra Prasad”, whereby the appellant has been convicted under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.25,000/- and, in default of fine, he was sentenced to undergo two years’ additional imprisonment.
2. The facts of the case in brief are that on 20.11.2014, an FIR was lodged by Smt. Govindi Devi (PW-2) at Thana Kathgodam, with the allegations that on 20.11.2014 at about 04:45 AM, his nephew Sunny S/o Shri Rajendra Prasad came and told her that his father Rajendra Prasad had beaten his grandfather Ram Prasad to death. His father had gone in the marriage from home. The dead body of grandfather was lying on the bed. After hearing this, she went to see her father at his home where his dead body was lying on bed; his brother Rajendra Prasad killed her father Ram Prasad.
3. On the basis of this First Information Report (Ext. Ka-2), a chick FIR (Ext.Ka-5) was registered on 20.11.2014 at 07:30 AM in Police Station Kathgodam, Dist
Point of Law : Amicus Curie has not been able to show that the above parameters have been satisfied, so as to take the prosecution case out of the purview of Section 302 of the Indian Penal Code.
The main legal point established in the judgment is the application of the principles outlined in the Supreme Court judgments to evaluate the nature of the assault, the intent of the accused, and the....
Sudden quarrel without premeditation, single stab in heat of passion without undue advantage or cruelty attracts Exception 4 to Section 300 IPC; offence reduced from Section 302 murder to Section 304....
The court established that a lack of premeditation and intent to kill can lead to a conviction under Section 304 IPC instead of Section 302 IPC in cases of sudden provocation.
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