Back
VIVEK RUSIA, AMAR NATH (KESHARWANI)
Rajaram – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vivek Rusia, J. - The appellants have filed this appeal against the judgment dated 26.12.2011 passed by Additional Sessions Judge, Mandleshwar, District Khargone in Sessions Trial No.14/2011 whereby they have been convicted u/s. 302/34 of the IPC and sentenced to undergo life imprisonment and to pay fine of Rs.2,0002000/- each and in default of payment of fine, to further undergo 50 days' RI. The appellants have been convicted and sentenced, as aforesaid, on account of committing murder of Vikram in prosecution of common intention by setting him ablaze after pouring him kerosene oil.
2. Facts of the case, in short, are as under :
The marriage of the deceased was solemnized with appellant No.3 20 years ago and they have three children viz. Raju (P.W.6), Shailendra (P.W.8) and daughter Reena. 15 days before the date of the incident, Jasodabai came to the house of her brother Rajaram. On 26.9.2010 at 5 pm., Vikram came there to take his wife Jasodabai and children. Jasodabai objected as he is a habitual drinker. There was a verbal altercation between them. By that time, Rajaram and Kankiya came there and questioned him as to why he has come to their house. Both of them caught ho
The absence of pre-planning or premeditation in a criminal act can influence the categorization of the offence under the Indian Penal Code.
The court clarified that actions under intoxication leading to death may constitute culpable homicide not amounting to murder, not murder itself.
The main legal point established in the judgment is the application of Exception 4 to Section 300 of IPC, leading to the alteration of the appellants' conviction and their release from jail.
The main legal point established in the judgment is the application of Exception 4 to Section 300 of IPC, considering the absence of premeditation and the sudden outburst leading to the death, leadin....
The court established that sudden provocation and lack of premeditation can allow conviction under Section 304 Part II IPC instead of Section 302 IPC.
Point of Law : Crimes against women are not ordinary crimes committed in a fit of anger or for property. They are social crimes. They disrupt the entire social fabric. Hence, they call for harsh puni....
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
