ANAND PATHAK, HIRDESH
Jeetu – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Hirdesh, J -- 1. Being dissatisfied with the judgment of conviction and order of sentence dated 10th of March, 2016 passed by Additional Sessions Judge, Lahar, Distinct Bhind (M.P.) in Sessions Trial No.192 of 2015 whereby, the appellants have been convicted under section 302 of IPC and sentenced to undergo imprisonment for life with fine of Rs.25,000/- each, in default to suffer rigorous imprisonment for two years.
2. Briefly stated, the prosecution case is that on 9.4.2015, 13th day ritual meals were being served in the house of one Rashik Bihari Kaurav in Village Bidra due to sad demise of his brother Janak Singh. Uttam Singh Kaurav (since deceased) was sitting in the Courtyard of one Sitaram. At that time, everyone was going to attend the said ritual meals. Accused-appellants Jeetu and Awadhesh started quarreling with the relatives of Rakesh Singh Kaurav. Uttam Singh intervened and asked appellants not to indulge in fight on which, accused Jeetu and Awadhesh hurled filthy abuses at him. Thereafter, Jeetu took out his country-made pistol and with an intention to kill, fired at Uttam Singh, hitting his right jaw, as a result of which, Uttam Singh fell down. It is also alleg
The court ruled that the actions of the appellants amounted to culpable homicide not amounting to murder, reducing their conviction from Section 302 to Section 304 Part II IPC due to lack of intent.
A statement can be treated as a dying declaration under Section 32(1) of the Evidence Act, constituting valid evidence if it inspires confidence, even if it was recorded under Section 161 of CrPC, an....
The academic distinction between ‘murder’ and ‘culpable homicide not amounting to murder’ has always vexed the Courts. Confusion is caused, if Courts losing sight of the true scope and meaning of the....
Once prosecution establishes existence of three ingredients forming a part of “thirdly” in Section 300 of IPC, it is irrelevant whether there was an intention on part of accused to cause death – It d....
(1) Intention of a person cannot be proved by direct evidence but is to be deduced from the facts and circumstances of a case – ‘Intent’ and ‘knowledge’ cannot be equated with each other – They conno....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.