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G. S. AHLUWALIA, RAJEEV KUMAR SHRIVASTAVA
MORARI – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
| Table of Content |
|---|
| 1. facts surrounding the murder case (Para 2 , 3) |
| 2. arguments regarding intent and evidence (Para 5 , 7) |
| 3. discussion on culpable homicide definitions (Para 11 , 12 , 13) |
| 4. knowledge and intent in homicide laws (Para 17 , 18) |
| 5. child witness testimony considerations (Para 30 , 32) |
| 6. intoxication and related defenses (Para 35 , 36) |
| 7. final ruling and upholding of conviction (Para 70 , 71) |
JUDGMENT RAJEEV KUMAR SHRIVASTAVA, J. : – The present jail appeal has been preferred by appellant Morari, son of Harivilas Sakhwar challenging the judgment of conviction and sentence dated 24-12-2009 passed by Additional Sessions Judge, Ambah, District Morena in Sessions Trial No. 06/2009, by which he has been convicted under section 302 of INDIAN PENAL CODE and sentenced to undergo Life Imprisonment with fine of Rs. 1,000/- and in default thereof, he has been further directed to undergo six months’ Rigorous Imprisonment.
2. It is an admitted fact that deceased Anguri Devi was the wife of the appellant- accused.
3. Prosecution case, in brief, are that on 17-9-2008 at around 09:00 p.m., Complainant Raghuveer Sakhwar (PW1) lodged a verbal report at Police Station Nagra, District More
Advocates appeared :For the Appellant : S. S. Gautam, Deependra Singh Raghuvanshi For the Respondent : R. K. Awasthi
Advocates appeared :For the Appellant : Rinkesh Goyal For the Respondent : Ajeet Singh Bhadoriya, Rajeev Upadhyay
Point of Law : It is quality and not quantity, which determines the adequacy of evidence as has been provided by Section 134 of the Evidence Act, 1872.
The intention or knowledge of the actor is a crucial factor in determining whether an act falls within the ambit of Section 300 IPC (murder) or Section 304 Part 1 IPC (culpable homicide not amounting....
The court affirmed the conviction for murder under Section 302 IPC, highlighting that the accused acted with sufficient intent, despite claims of provocation, based on consistent eyewitness testimoni....
The distinction between murder and culpable homicide not amounting to murder hinges on the offender's intention, with insufficient evidence of intent leading to a reduced sentence.
The court modified convictions from murder to culpable homicide not amounting to murder, emphasizing the need for established common intention among accused, reflecting principles of reasonable doubt....
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