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VIJAY KUMAR SHUKLA, HRIDESH
Bhalya @ Bali – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Hirdesh, J. -- 1. This criminal appeal has been filed by the appellant being aggrieved by the judgment dated 30.12.2014 passed by 4th Additional Sessions Judge, Khargone (West Niman) in Session Trial No.151/2014 whereby the trial Court has convicted the appellant for the offence punishable under section 302 of IPC and sentenced him to undergo R.I. for life with fine of R.5,000/- and in default of payment of fine, one year additional rigorous imprisonment.
2. According to prosecution story, on 9.3.2014 at 07 a.m., PW-1 Ramesh was informed on a phone call from village that his mother Chanibai has been killed by his father. Then after, on the information received by him he went to village- Baazaar Khodra at his home and saw that his mother was lying dead and there were so many injuries on her mouth, neck and other parts of the body. His younger brother-Amar Singh and sister- Laxmibai told him that their father assaulted their mother by a heavy stick (Khatia kaa Sewala) due to which mother has died.
3. After receiving the information, police lodged F.I.R. under section 302 of IPC (Ex.P-1) and arrested the accused and after taking the statements of the prosecution witnesses prep
The court distinguished between murder and culpable homicide not amounting to murder, ruling that the accused acted impulsively without premeditation, warranting a conviction under Section 304 Part I....
cCnduct of the appellant, from the evidence led by the prosecution itself, indicates that neither was there any premeditation nor an intention to kill the deceased.
The court reclassified the conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part-II IPC due to lack of intent and motive.
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.
In Exception 4-culpable homicide is not murder if it is committed without premeditation in a sudden fight in heat of passion upon a sudden quarrel and without offender having taken undue advantage or....
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