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SUJOY PAUL, SHAILENDRA SHUKLA
Himanshu Kuril – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
Shailendra Shukla, J.
1. The present appeal has been preferred under Section 374 of Criminal Procedure Code, 1973 against judgment dated 13.02.2012 pronounced by Fourth Additional Sessions Judge, Ujjain, in Session Trial No. 302/2010, wherein the appellant has been convicted under Section 302 IPC and sentenced to Life Imprisonment along with fine of Rs. 1000/- with default stipulation.
2. The prosecution story in short was that on 01.04.2010 at about 10:30 pm, the deceased Neeraj Bhadoriya was talking to Rohit Bhadoriya (PW/1) near Mehak Chicken Centre at Mahanadda Nagar, Ujjain and at that point of time, the appellant arrived on motorcycle and told Neeraj that he has not returned a single penny out of an amount of Rs. 6000/- loaned to him. The appellant then inflicted 3-4 knife blows on the left thigh of Neeraj (deceased). Thereafter, the appellant called up one Veenu Kushwaha (PW/2) on his mobile phone from the spot and told him that he has duly dealt with his confidante' i.e. Neeraj Bhadoriya (deceased) and told him to pick him up. Thereafter, appellant went away on his motorcycle. At that point of time, the deceased was still breathing. Neeraj was taken in police van to
The absence of intent to kill led to the reclassification of charges from murder to culpable homicide not amounting to murder.
Point of law : Motive plays an important role and becomes a compelling force to commit a crime and therefore motive behind the crime is a relevant factor for which evidence may be adduced.
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 absence of intent to kill and the nature of injuries led to a modification of conviction from murder to culpable homicide not amounting to murder under IPC Section 304 Part II.
In cases of sudden quarrel and single injury, the nature of the injury and circumstances must be considered to determine the offense under Section 300 IPC.
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