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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, VAKITI RAMAKRISHNA REDDY
Dharavat Bhav Singh – Appellant
Versus
State of Telangana, Rep.By Its Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. facts surrounding the case and the nature of the crime. (Para 2 , 3 , 4) |
| 2. arguments and contentions from both sides. (Para 10 , 11) |
| 3. legal observations on the nature of violence and intent. (Para 12 , 13 , 35) |
| 4. distinction between culpable homicide and murder. (Para 36 , 37 , 38 , 47) |
| 5. importance of intent and knowledge in determining the charge. (Para 39 , 40) |
| 6. court's final decision and sentencing. (Para 48) |
JUDGMENT :
K. Lakshman, J.
1. Heard Mr. P. Prabhakar Reddy, learned counsel for appellant - accused and Dr. S. Prashanth, learned Assistant Public Prosecutor appearing on behalf of the respondent.
2. This appeal is filed challenging the judgment dated 26.09.2018 in S.C. No.182 of 2018 passed by learned Judge, Family Court - cum - VI Additional Sessions Judge at Khammam.
3. Vide the aforesaid judgment, learned trial Court convicted the appellant - accused for the offences under Sections - 302 and 498A of IPC , and accordingly sentenced him to undergo life imprisonment and to pay fine of Rs.1,000 (Rupees One Thousand Only) and in default to undergo imprisonment for a period of three (03) months for the offence under Section - 302 of . He was further senten
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....
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.
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....
(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....
Unintentional homicide is not murder under Section 302 of IPC.
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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