KHANJAN PAL versus STATE OF U.P.

KHANJAN PAL versus STATE OF U.P.

The appellant caused the death by stabbing in a sudden quarrel, without premeditation or intention to cause death, but with knowledge that the act was likely to cause death. This falls within Exception 4 to Section 300 IPC, warranting conviction under Section 304 Part-II IPC.

Parties
Appellant: Khanjan Pal; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
03 August 1990
Procedural Posture
Criminal Appeal / Appeal Against Conviction by High Court, Reversing Acquittal by Sessions Judge
Outcome
Appeal partly allowed; conviction altered to Section 304 Part-II IPC; sentence modified.
Legal Topics
Murder, Culpable Homicide, Section 300 IPC, Section 302 IPC, Section 304 IPC, Exception 4 to Section 300 IPC
Criminal Law Murder Culpable Homicide Section 300 IPC Section 302 IPC Section 304 IPC Exception 4 to Section 300 IPC

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Parties

Khanjan Pal

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction by High Court, Reversing Acquittal by Sessions Judge

Legal Issues

  1. 1 Whether the appellant's act constituted murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 Part-II IPC
  2. 2 Whether the High Court was justified in reversing the acquittal by the trial court

Ratio Decidendi

The appellant caused the death by stabbing in a sudden quarrel, without premeditation or intention to cause death, but with knowledge that the act was likely to cause death. This falls within Exception 4 to Section 300 IPC, warranting conviction under Section 304 Part-II IPC.

Court Disposition

Appeal partly allowed; conviction altered to Section 304 Part-II IPC; sentence modified.

Orders

  • Conviction altered to Section 304 Part-II IPC.
  • Appellant directed to pay a fine of Rs.50,000 in addition to imprisonment already undergone.