AWADHESH KUMAR versus STATE OF U.P. & ANR.

AWADHESH KUMAR versus STATE OF U.P. & ANR.

The High Court materially erred in applying Exception 4 to Section 300 IPC; on the evidence the accused fired from close range at an unarmed deceased without grave and sudden provocation, so the case falls under clause (fourthly) of Section 300 IPC and the conviction for murder under Section 302 IPC is restored.

Parties
Appellant: Awadhesh Kumar; Respondent: State of U.P. & Anr.; Respondent No.2 / Original Accused No.1: Ravinder Verma
Jurisdiction
India
Judgment Date
08 November 2019
Procedural Posture
Criminal Appeal / Appeal to Supreme Court Final Judgment
Outcome
Appeal allowed
Legal Topics
Murder, Culpable Homicide, Exception 4 to Section 300 IPC, Section 302 IPC, Section 304 Part I IPC
Criminal Law Penal Code (ipc) Murder Culpable Homicide Exception 4 to Section 300 IPC Section 302 IPC Section 304 Part I IPC

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Parties

Awadhesh Kumar

Appellant

State of U.P. & Anr.

Respondent

Ravinder Verma

Respondent No.2 / Original Accused No.1

Procedural Posture

Criminal Appeal / Appeal to Supreme Court Final Judgment

Legal Issues

  1. 1 Whether Exception 4 to Section 300 IPC applies
  2. 2 Whether the offence is murder punishable under Section 302 IPC or culpable homicide not amounting to murder under Section 304 Part I IPC
  3. 3 Whether firing from close range at an unarmed person without grave and sudden provocation indicates intention to cause death

Ratio Decidendi

The High Court materially erred in applying Exception 4 to Section 300 IPC; on the evidence the accused fired from close range at an unarmed deceased without grave and sudden provocation, so the case falls under clause (fourthly) of Section 300 IPC and the conviction for murder under Section 302 IPC is restored.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and order of the High Court dated 18.12.2015 modifying conviction from Section 302 IPC to Section 304 Part I IPC is quashed and set aside
  • Judgment of the Trial Court convicting respondent No.2 (Ravinder Verma) for the offence punishable under Section 302 IPC is restored