MANGESH versus STATE OF MAHARASHTRA

MANGESH versus STATE OF MAHARASHTRA

The appellant, driven by sudden provocation upon seeing his sister with the deceased late at night, caused stabbing injuries without premeditation or undue advantage; injuries were mostly non-vital, medical evidence showed lack of full force, thus conviction altered from Section 302 IPC to Section 304 Part-I IPC...

Source-derived case information.

Parties
Appellant: Mangesh; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
05 January 2011
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From Bombay High Court, Nagpur Bench
Outcome
Conviction altered from Section 302 IPC to Section 304 Part-I IPC; appeal disposed of.
Legal Topics
Murder, Sudden Provocation, Section 302 IPC, Section 304 Part I IPC, Sentencing
Criminal Law Murder Sudden Provocation Section 302 IPC Section 304 Part I IPC Sentencing

Source-derived case record

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Parties

Mangesh

Appellant

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From Bombay High Court, Nagpur Bench

Legal Issues

  1. 1 Whether the act of the accused constituted murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 Part-I IPC
  2. 2 Whether there was premeditation or sudden provocation

Ratio Decidendi

The appellant, driven by sudden provocation upon seeing his sister with the deceased late at night, caused stabbing injuries without premeditation or undue advantage; injuries were mostly non-vital, medical evidence showed lack of full force, thus conviction altered from Section 302 IPC to Section 304 Part-I IPC with ten years rigorous imprisonment awarded.

Court Disposition

Conviction altered from Section 302 IPC to Section 304 Part-I IPC; appeal disposed of.

Orders

  • Conviction under Section 302 IPC set aside.
  • Appellant convicted under Section 304 Part-I IPC.