Sanjeev Vs. State of Haryana
Indian Penal Code,1860 - Section 300
Exception 4 to Section 300 - Murder - Nature of Offence - From the evidence of PW-12, it reflects that while making extra judicial confession, the appellant narrated that after both he and 'R' got drunk, they engaged into an altercation where after scuffle took place, and the appellant caused injuries on the forehead and chest of the deceased - This fact gets corroborated from the statement of PW-13, Dr. - Held that the act committed by the appellant is covered by Exception 4 to Section 300 IPC, i.e., culpable homicide not amounting to murder, as such the same is, punishable under Section 304 Part I, IPC - Instead, the appellant convicted under Section 304 Part I, IPC and sentenced to undergo imprisonment for a period of ten years and to pay fine of Rs.5000/-.
Indian Penal Code,1860 - Section 302
Murder - Circumstantial Evidence - Motive - Plea on behalf of the appellant that appellant has not motive to kill deceased - Held motive is not required to be proved - Motive is something which prompts a man to form an intention - The intention can be formed even at the place of incident at the time of commission of crime - Intention or knowledge on the part of the accused which is required to be seen in respect of the offence of culpable homicide - In order to read either intention or knowledge, the courts have to examine the circumstances, as there cannot be any direct evidence as to the state of mind of the accused.
Topic(s)-Murder - Offence modified to Culpable Homicide
Important Decision(s)- Intention or knowledge on the part of the accused which is required to be seen in respect of the offence of culpable homicide.