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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK KUMAR SINGH, AJAY KUMAR NIRANKARI
Lakhan Maharaj – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
VIVEK KUMAR SINGH, J.
1. Assailing the judgment of conviction dated 05.08.1997 passed by Fifth Additional Sessions Judge, Bhopal, District Bhopal (M.P.) in S.T. No.135 of 1996 whereby each of the accused/appellants have been convicted for offence punishable under section 302/34 of IPC and sentenced to undergo Imprisonment for life and fine of Rs.1,000/-, in default of payment of fine amount to suffer additional rigorous imprisonment of 06 months.
2. Prosecution story in short is that on 02.02.1996 at about 2:00 P.M. deceased Sarvar Ali Khan was riding his Scooter near Barkhedi Tola, where a truck bearing Registration No.MOU 1446 driven by appellant no.1/Lakhan Maharaj, accompanied by appellant no.2/Suresh Sharma and other co-accused Chanderlal (not a party in this appeal) rammed him from the opposite direction. The said collision threw Sarvar Ali Khan from his scooter and he succumbed to the injuries thus sustained.
3. Learned counsel for the appellants submits that they are innocent and have been falsely implicated in the present case. Learned counsel for the appellants further submits that the eye-witnesses are unreliable and they are “made up” witnesses and learned trial
The prosecution must establish beyond reasonable doubt that the accused's driving was rash or negligent to uphold a conviction under Section 304(A) IPC.
Knowledge of likely fatal consequences in reckless driving can elevate culpable homicide to be charged under Section 304 Part II IPC instead of Section 304A IPC.
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 distinction between murder and culpable homicide hinges on intention and circumstances, with the court applying Exception-4 of Section 300 IPC in cases of sudden quarrel.
The court modified convictions from murder to culpable homicide not amounting to murder, emphasizing the need for established common intention among accused, reflecting principles of reasonable doubt....
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.
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