BUNNILAL CHAUDHARY versus STATE OF BIHAR

BUNNILAL CHAUDHARY versus STATE OF BIHAR

The knife injury inflicted by A-1 was a single penetrating wound above the left nipple which had punctured the left lung, but the medical report did not opine that the injury was in the ordinary course of nature sufficient to cause death; therefore Clause (iii) of Section 300 IPC did not apply and A-1 lacked the specific intention required for murder under Sections 300/302. The act fell within the third part of Section 299 and is punishable under Section 304 Part II IPC; accordingly A-1's conviction under Section 302 was altered to Section 304 Part II and his sentence modified. The convictions of the other accused under Section 302/149 IPC were set aside for lack of evidence of common...

Parties
Appellant: Bunnilal Chaudhary; Respondent: State of Bihar; Appellant: Magister Chaudhary; Appellant: Birendra Chaudhary; Appellant: Maniraj Chaudhary; Appellant: Dashrath Chaudhary; Appellant: Amarjit Chaudhary; Appellant: Naresh Chaudhary; Appellant: Rajdhari Chaudhary
Jurisdiction
India
Judgment Date
05 July 2006
Procedural Posture
Criminal Appeal to the Supreme Court / Appeal From the High Court Judgment and Order Dated 5.11.2003 in Crl. a (db) No. 465/1999
Outcome
Crl. Appeal No.605 of 2005 partly allowed; Crl. Appeal No.606 of 2005 allowed.
Legal Topics
Murder, Culpable Homicide Not Amounting to Murder, Section 300 Clause 'thirdly', Section 299, Section 304 Part II, Section 302, Section 149, Joint Liability Under Section 149, Conviction and Sentence, Acquittal
Criminal Law Indian Penal Code Murder Culpable Homicide Not Amounting to Murder Section 300 Clause 'thirdly' Section 299 Section 304 Part II Section 302 +4 more

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Parties

Bunnilal Chaudhary

Appellant

State of Bihar

Respondent

Magister Chaudhary

Appellant

Birendra Chaudhary

Appellant

Maniraj Chaudhary

Appellant

Dashrath Chaudhary

Appellant

Amarjit Chaudhary

Appellant

Naresh Chaudhary

Appellant

Rajdhari Chaudhary

Appellant

Procedural Posture

Criminal Appeal to the Supreme Court / Appeal From the High Court Judgment and Order Dated 5.11.2003 in Crl. a (db) No. 465/1999

Legal Issues

  1. 1 Whether the single knife injury inflicted by A-1 (Bunnilal Chaudhary) amounted to murder under Section 300(iii)/302 IPC or to culpable homicide not amounting to murder under Section 304 Part II IPC
  2. 2 Whether other accused persons were guilty under Section 302/149 IPC by virtue of participation in a common object

Ratio Decidendi

The knife injury inflicted by A-1 was a single penetrating wound above the left nipple which had punctured the left lung, but the medical report did not opine that the injury was in the ordinary course of nature sufficient to cause death; therefore Clause (iii) of Section 300 IPC did not apply and A-1 lacked the specific intention required for murder under Sections 300/302. The act fell within the third part of Section 299 and is punishable under Section 304 Part II IPC; accordingly A-1's conviction under Section 302 was altered to Section 304 Part II and his sentence modified. The convictions of the other accused under Section 302/149 IPC were set aside for lack of evidence of common...

Court Disposition

Crl. Appeal No.605 of 2005 partly allowed; Crl. Appeal No.606 of 2005 allowed.

Orders

  • Conviction of Bunnilal Chaudhary (A-1) altered from Section 302 IPC to Section 304 Part-II IPC.
  • Sentence of Bunnilal Chaudhary altered to rigorous imprisonment for five years and to pay a fine of Rs.1,000 with default stipulation of two months simple imprisonment.