Vachanlal and Others v. State of Madhya Pradesh - 2018 Supreme(Online)(MP) 1461

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(Online)(MP) 1461

MADHYA PRADESH HIGH COURT
Sheel Nagu, Ashok Kumar Joshi, JJ.
Vachanlal and Others v. State of Madhya Pradesh

Table of Content
1. establishing fatal injury and motive in the assault. (Para 2 , 3)
2. appellants' argument regarding the nature of the injury and intention. (Para 4 , 6)
3. court's analysis on intention versus knowledge in culpable homicide. (Para 7 , 8 , 9)
4. final verdict modifying the conviction and sentence. (Para 10 , 11)

1. Appellants have filed this appeal challenging the judgment of conviction and sentence dated 18.1.2000 delivered by the Court of Third Additional Sessions Judge, Shivpuri in Sessions Trial No134/1999 whereby the appellants stand convicted for the offence punishable u/S. 302 read with 34, IPC and sentenced to undergo life imprisonment and fine of Rs.500/- each and u/S. 323, IPC sentenced to undergo R.I. for one year respectively with default stipulations. Both the sentences were directed to run concurrently.

2. The bare facts giving rise to the present case are that at about 9-00 p.m. on 4.5.1999, complainant Devilal (PW - 1) lodged the FIR (ExP - 1) to the effect that he along with his brother deceased Mathura and others had come to attend the marriage of the son of his uncle at village Sunaj. Between 9-10 p.m., complainant along with his brother deceased Mat