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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
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 sentenced to undergo Rigorous Imprisonment for Two (02) Years and to pay a fine of Rs.1,000/- (Rupees One Thousand Only) for the offence under Section - 498A of and in default, to undergo imprisonment for a period of three (03) months.
4. It is a homicidal death of a house-wife by her husband. The case of the prosecution is that PW.1 is the brother of the deceased, while the appellant herein - accused is her husband. Twelve Years (12) ag
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.
The court established that culpable homicide can be distinguished from murder based on the presence of intention and premeditation, particularly in cases of sudden provocation.
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