PAPPU @ HARI OM versus STATE OF MADHYA PRADESH

PAPPU @ HARI OM versus STATE OF MADHYA PRADESH

Given the circumstances and part of the body where the bullet hit the deceased, conviction under Section 304 Part II IPC (culpable homicide not amounting to murder) is appropriate, not Section 302 IPC (murder); custodial sentence of 8 years is sufficient, appellant having already suffered more than that period.

Parties
Appellant: Pappu @ Hari Om; Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
31 March 2009
Procedural Posture
Criminal Appeal / Supreme Court Judgment Disposing of Appeal
Outcome
Appeal disposed of; conviction modified from Section 302 IPC to Section 304 Part II IPC; custodial sentence reduced to 8 years.
Legal Topics
Culpable Homicide, Murder, Sentencing, Indian Penal Code Section 302, Indian Penal Code Section 304 Part II, Degree of Probability of Death
Criminal Law Culpable Homicide Murder Sentencing Indian Penal Code Section 302 Indian Penal Code Section 304 Part II Degree of Probability of Death

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Parties

Pappu @ Hari Om

Appellant

State of Madhya Pradesh

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment Disposing of Appeal

Legal Issues

  1. 1 Proper classification of offence given gunshot death: murder (s.302 IPC) or culpable homicide not amounting to murder (s.304 Part II IPC)
  2. 2 Appropriateness of conviction and custodial sentence

Ratio Decidendi

Given the circumstances and part of the body where the bullet hit the deceased, conviction under Section 304 Part II IPC (culpable homicide not amounting to murder) is appropriate, not Section 302 IPC (murder); custodial sentence of 8 years is sufficient, appellant having already suffered more than that period.

Court Disposition

Appeal disposed of; conviction modified from Section 302 IPC to Section 304 Part II IPC; custodial sentence reduced to 8 years.

Orders

  • Appellant having suffered custody for more than 8 years ordered to be released forthwith unless required elsewhere.