Back
ROHIT ARYA, AVANINDRA KUMAR SINGH
Mukesh Baretha – Appellant
Versus
State of M. P. – Respondent
JUDGMENT
1. This appeal has been filed by appellant/accused through Jail Authorities, Central Jail, Gwalior against the judgment dated 14.2.2014 passed in Sessions Trial No.228/2013 (State of M.P. v. Mukesh Baretha) by 1st Additional Session Judge, Bhind (M.P.) by which the learned 1st Additional Session Judge has held the appellant/accused guilty for causing death of his brother-in-law/Bantu @ Suresh and injuries to his mother-in-law - Gaura Bai and brother-inlaw -Ramsiya for attempt to murder and convicted and sentenced the appellant as under:-
| Section | Acr | Sentence | Fine | Default stipulation |
| 302 | IPC | Life Imprisonment | 500/- | 3 Months RI |
| 302 (two counts) | IPC | 7 Year | 500/- | 3 Months RI |
2. In short, the prosecution story is that on 29.7.2013, complainant – Nema (PW-1) was at her home situated at Bheemnagar alongwith her mother-in-law- Gaura Bai (PW-2) wife of the deceased- Bantu @ Suresh, Sister-in-law (Devrani)- Reeta and Sister-in-law (Nanad)- Rekha (PW-3). In the afternoon of the said day, accused- Mukesh came and started abusing and asked as to
Point of the court : merely on the basis of the single injury, the Court would not convert the case of Section 302 of IPC into Section 304 Part II of IPC. Nature of offence would certainly depend upo....
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.
The court determined that the lack of premeditated intent during a sudden quarrel warranted a conviction for culpable homicide under Section 304 instead of murder under Section 302 IPC.
The court ruled that the appellant's actions, prompted by provocation and lack of intent to kill, warranted a conviction for culpable homicide not amounting to murder under Section 304 Part-II IPC.
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 absence of intent to kill led to the reclassification of charges from murder to culpable homicide not amounting to murder.
Conviction requires reliable evidence and knowledge of victim's medical condition; lacking such knowledge limits liability to lesser offenses.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
