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K. SURENDER, ANIL KUMAR JUKANTI
Md. Amjad Hussain, Medak – Appellant
Versus
SHO, Medak Town P. S. – Respondent
JUDGMENT :
(K. Surender, J.)
This appeal is directed against the Judgment of conviction and sentence dated 31.07.2015 in S.C.No.86 of 2015 on the file of the VIII Additional District and Sessions Judge at Medak, whereby, appellant/accused was sentenced to undergo life imprisonment and to pay fine of Rs.500/-, in default simple imprisonment for six months for the offence under Section 302 of Indian Penal Code (for short ‘IPC’).
2. According to the prosecution case, the deceased had two younger brothers, who are the appellant and another namely Mohd. Hussain. The deceased was working as bus driver in APSRTC and retired in the year 2002. He alone constructed the house in the Indira Colony, Medak and stayed along with PW.1/wife and PW2/daughter and another daughter namely Farhana. According to PWs.1 and 2, on the date of the incident in the evening the appellant quarreled with the deceased demanding share in the house and threatened to kill him. During the said quarrel, it is alleged that the appellant took out a long knife (Lamba Chaku)/MO.1 and stabbed the deceased on the left thigh. As a result of the injury that was caused with the knife, according to PW.8/Doctor, the death occurred d
The distinction between murder and culpable homicide hinges on the degree of intention and knowledge, with the court finding the appellant guilty of culpable homicide under Section 304-II IPC.
(1) Unintentional homicide is not murder under Section 302 of IPC.(2) Merely because witnesses are relatives, cannot be a ground to discard testimony of such witnesses – Only requirement is that test....
The main legal point established in the judgment is that pre-planned and intentional actions resulting in severe injuries and death constitute murder under Section 302 IPC.
The court established that absence of intention to kill, even in a fatal altercation, can lead to a conviction for culpable homicide not amounting to murder under Section 304 IPC.
The central legal point established in the judgment is the significance of intention and premeditation in categorizing the offence under the Indian Penal Code.
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....
A sudden quarrel can alter charges from murder to culpable homicide under Section 304 Part II of the IPC when premeditation is absent.
The court distinguished between murder and culpable homicide, concluding that the appellant's actions fell under Section 304 Part-I due to lack of intent and premeditation.
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