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SUSHRUT ARVIND DHARMADHIKARI
Gudda @ Ramsajivan – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. The instant appeal under Section 374(2) of Criminal Procedure Code has been filed by the appellant/accused being aggrieved by the judgment and finding dated 11.09.1998 passed by the learned III Additional Sessions Judge, Sagar in Session Trial No.432/1997 whereby the appellant/accused has been convicted under Sections 304 Part I of Indian Penal Code (hereinafter referred as 'IPC'™) and sentenced to undergo R.I. for 7 years with fine of Rs.1000/-, in default 6 months R.I.
2. The prosecution story in the nutshell is that on 22.08.1997, at about 12 in the noon, deceased-Mannu was engaged in some farming work, at that time, the appellant/accused was grazing his bull. Dispute arose when appellant released his bull into the farm of Karodi and when deceased tried to stop him on which the appellant started abusing him and inflicted an axe blow on his neck due to which deceased fell down. Rambabu, Tijai and Bhalu were present on the spot. Bhalu went to village and informed uncle Kanchedilal. Kanchedilal reached the spot and found the deceased in unconscious state. They brought the deceased to the village and then took him to Naryawali Police Station. On their way to Hospital, the
Special circumstances exist mitigating the gravity of the offence, which appeals to our judicial conscience and discretion to show clemency to the accused in the matter of sentence.
The accused, as the initial aggressor, cannot claim self-defense against actions taken in response to his provocation, leading to the upheld conviction for murder.
The right of private defense is not available to an aggressor, and the evidence supported the conviction for murder and criminal trespass.
To establish a case under Section 34 of I.P.C. prosecution has to prove prior meeting of minds which may be determined from the conduct of the offenders unfolding itself during the course of action a....
A person may be convicted under culpable homicide when the intent to kill cannot be established, especially when the act occurs without premeditation during a heated altercation.
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