AI Overview...
- Accused Kicked the Diseased but No Weapon Used - Main points and insights:
- In State of Himachal Pradesh vs Rakesh Kumar - Himachal Pradesh, the court acquitted the accused of murder, ruling that death was caused by a heart attack during a scuffle, with no prior knowledge of the deceased's heart condition. The act of throwing a brick piece that struck the victim was not deemed sufficient for a murder conviction.
- In Soburuddin Sikdar @ Abdul Sabur Sikdar VS State of Assam - Gauhati, lesser sentences were considered appropriate for older accused with no criminal record, emphasizing that the accused's involvement was less severe, and noting that physical altercations occurred without lethal intent.
- In Hiralal Mallick VS State Of Bihar - Supreme Court, the accused inflicted superficial cuts with a sharp weapon, but the court found that the actions did not amount to murder, leading to a reduced sentence under Section 325 IPC.
- In Bollarapu Gangaram VS State of A. P. rep. by its Public Prosecutor - Crimes, the accused caused death with a cart peg, but the evidence did not establish intent for murder. The court convicted under Section 304 Part II IPC, recognizing culpable homicide not amounting to murder.
- In Sinesh, S/O. Govindan VS State Of Kerala Rep. By The Inspector Of Police, Njarakkal - Kerala, the conviction for murder was set aside, and the accused was convicted under Section 325 IPC, indicating the act was less grievous than murder.
- In Umeshbhai Premabhai Ahir VS State of Gujarat - Gujarat, the court held that more than ordinary force was used, but the injury was not necessarily fatal or indicative of intent to kill, leading to a conviction under a lesser offense.
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In Loganathan and others VS State - Madras, although the injury was fatal, the accused lacked intent to cause death, resulting in a conviction under Section 302 being altered to Section 304 Part II, acknowledging the absence of premeditation or weapon used.
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Analysis and Conclusion:
- Across multiple cases, when the accused did not use weapons or employed only minor force, courts often reduced charges from murder (Section 302 IPC) to culpable homicide not amounting to murder (Section 304 Part II IPC) or to causing grievous hurt (Section 325 IPC).
- The absence of lethal weapons and intent, along with evidence of accidental or non-premeditated injuries, contributed to these lesser convictions.
- Overall, the legal approach reflects a focus on the accused's intent, the use of weapons, and the nature of injuries inflicted, often leading to lesser sentences when intent to kill is not established.
References: - State of Himachal Pradesh vs Rakesh Kumar - Himachal Pradesh, Soburuddin Sikdar @ Abdul Sabur Sikdar VS State of Assam - Gauhati, Hiralal Mallick VS State Of Bihar - Supreme Court, Bollarapu Gangaram VS State of A. P. rep. by its Public Prosecutor - Crimes, Sinesh, S/O. Govindan VS State Of Kerala Rep. By The Inspector Of Police, Njarakkal - Kerala, Umeshbhai Premabhai Ahir VS State of Gujarat - Gujarat, Loganathan and others VS State - Madras
Search Results for "Accused Kicked the Diseased no Weapon Used Conviction only Lesser Sentences"
2024 Supreme(Online)(HP) 6657 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, RAKESH KAINTHLA
(A) Indian Penal Code, 1860 - Section 302 - Section 323 - Appeal against acquittal for murder - The accused was acquitted of murder ... death caused by a heart attack during scuffle, without knowledge of prior heart conditions - The prosecution did not prove that the accused ... and knowledge of conditions - The court ruled that the absence of knowledge regarding the deceased's heart condition absolves the accused ... When the accused threw a piece of a brick at the diseased which struck him in the regi....
2012 0 Supreme(Gau) 1273 • India - Gauhati
I.A.ANSARI, P.K.MUSAHARY
to undergo rigorous imprisonment each and in default to undergo rigorous imprisonment for conviction and sentence as awarded by ... absconders – Held, Appellants his old age having attained and there being no criminal record against them we would hold that a lesser ... body for postmortem examination collected report and on completion of investigation laid charge sheet against appellants showing accused ... When accused Sarbesh also gave a blow on her father, he fell down. Accused Sahi....
1977 0 Supreme(SC) 269 • India - Supreme Court
P.K.GOSWAMI, V.R.KRISHNA IYER
C. and, consequently pared down punishment awarded to the co-accused into rigorous imprisonment for 8 years - Third accused appellant ... 1 and 2 caused the fatal stabs appellant was found to have inflicted superficial cuts on victim with a sharp weapon probably angered ... aggression - That he was too infantine to understand the deadly import of sword blows he delivered is obvious that he inflicted lesser ... The weapon he has used, the situs of the anatomy on which he has inflicted t....
2010 0 Supreme(AP) 1353 • India - Andhra Pradesh
K.C.BHANU, N.R.L.NAGESWARA RAO
categorically deposed that the accused had attacked his mother when she refused his demand for cooking chicken curry, his conviction ... a case falling under exception ... 4 to Section 300 and hence his conviction ... , Section 302 Evidence Act, 1872, Section 3:- Where the evidence of P.W.No:1 and 2, who are none other than the brothers of the accused ... Hence, the accused is liable for conviction for the offence punishable under Section 304 Part II I.P.C. ... Court rightly found hi....
2010 0 Supreme(HP) 492 • India - Himachal Pradesh
SURINDER SINGH
Issues: The main issue was whether the appellant's actions constituted an offence under Section 307 IPC or a lesser offence ... The court discussed the evidence and concluded that the injury caused was not imminently dangerous, leading to the appellant's conviction ... Final Decision: The appellant's conviction under Section 307 IPC was set aside, and he was held guilty under Section 325 IPC ... Rana , Assistant Advocate General supported the impugned judgment of conviction and sentences. ... 8. In ....
2024 Supreme(Online)(KER) 33703 • India - High Court of Kerala
RAJA VIJAYARAGHAVAN, G. GIRISH, JJ
Final Decision: The conviction for murder was set aside, and the appellant was convicted under Section 325 IPC with a sentence ... Issues: Whether the actions of the appellant amounted to murder under Section 302 IPC or a lesser offense. ... culpable homicide and murder, concluding that the accused's actions constituted grievous hurt rather than murder, leading to a conviction ... Thambi (PW3) stated that he is acquainted with both the accused and the deceased. He is an immediate neighbor of the #HL_S....
• India - Crimes
N.R.L.NAGESWARA RAO, K.C.BHANU
by Trial Court—Appeal against conviction— Evidence of PWs. 1, 2 and 6, clearly established that it was the accused and none else ... —Consequently, benefit of unsoundness of mind could not be extended to him—In view of the fact that cart peg is a dangerous weapon ... Penal Code, 1860—Section 302 —Prosecution of appellant for causing death of his mother by giving a blow on her head by a cart peg—Conviction ... Hence, the accused is liable for conviction for the offence punishable unde....
2024 0 Supreme(Ker) 1120 • India - Kerala
RAJA VIJAYARAGHAVAN V., G. GIRISH
for a lesser offense. ... Result: The conviction for murder was set aside, and the appellant was convicted under Section 325 IPC with a sentence of ... Issues: Whether the appellant's actions constituted murder under Section 302 IPC or a lesser offense, and whether the prosecution ... Thambi (PW3) stated that he is acquainted with both the accused and the deceased. He is an immediate neighbor of the accused. He corroborated what PW2 had stated. According to him, he witnessed the dece....
2016 0 Supreme(Guj) 2232 • India - Gujarat
HARSHA DEVANI, G.B.SHAH
Indian Penal Code, 1860 - Section 302 - Criminal Procedure, 1973 - Section 374 - Accused dealt more than ... ordinary course of nature to cause death, it is held that offence is one of murder and the appellant was rightly convicted and sentenced ... required to be converted to a lesser offence of section 304 Part-II, IPC. ... That the weapon used by the accused for the purpose of committing the offence had been recovered under section 27 of the Evidence Act. He has deposed regarding th....
1997 0 Supreme(Mad) 134 • India - Madras
R.BALASUBRAMANIAN, N.ARUMUGHAM
death but can be held to have knowledge that the injury inflicted was likely to cause death-Conviction of accused u/s 302 altered ... Indian Penal Code, 1860-Sections 302 and 304 Part II-Injury inflicted by accused proved fatal-Accuseds intention was not to cause ... The weapons used by the accused are thorny sticks. ... Accused 1 to 3 in the said case challenging the above referred to conviction and sentence in th....
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