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2013 (5) TMI 1015 - SC - Indian LawsWhether in the facts and circumstances of the case the appellant has been rightly convicted for the capital offence and if not whether the act attributed to him would constitute a lesser offence like culpable homicide not amounting to murder punishable under Section 304 Part I or II of the I.P.C - HELD THAT:- The incident was witnessed by the wife of the deceased and one other who was also present in the field nearby at the time of the occurrence. Two days after the occurrence when the condition of the deceased became precarious, wife filed a complaint at the Police Station on the basis whereby u/s 326, 504 and 323 read with Section 34 of the I.P.C was registered by the police. Investigation of the case was taken up by Police Sub Inspector who recorded the panchnama of the scene of the crime and arrested the accused persons. The deceased eventually succumbed to his injuries whereupon Section 302 read with Section 34 of the I.P.C. was added to the case. Whether the appellant has been rightly convicted for the offence of murder or if the act attributed to him would constitute a lesser offence like culpable homicide not amounting to murder. - HELD THAT:- According to the facts of the case, the nature of the simple injury inflicted by the accused, the part of the body on which it was inflicted, the weapon used to inflict the same and the circumstances in which the injury was inflicted do not suggest that the appellant had the intention to kill the deceased. All that can be said is that the appellant had the knowledge that the injury inflicted by him was likely to cause the death of the deceased. The case would, therefore, more appropriately fall under Section 304 Part II of the IPC. Court allow this appeal but only to the extent that instead of Section 302 IPC the appellant shall stand convicted for the offence of culpable homicide not amounting to murder punishable under Section 304 Part II IPC and sentenced to undergo rigorous imprisonment for a period of five years. The fine imposed upon the appellant and the default sentence awarded to him shall remain unaltered.
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