RAMPAL SINGH versus STATE OF UP

RAMPAL SINGH versus STATE OF UP

The appellant, although he committed the offence without pre-meditation and in a state of anger provoked by the deceased, had the intent to cause a bodily injury which could result in death. The facts do not constitute knowledge simplicitor but intention ex facie. Accordingly, conviction under Section 302 IPC is...

Source-derived case information.

Parties
Appellant: Rampal Singh; Respondent: State of UP
Jurisdiction
India
Judgment Date
24 July 2012
Procedural Posture
Criminal Appeal / Final Decision, Appeal Disposed
Outcome
Conviction altered from Section 302 IPC to Section 304 Part I IPC; sentence modified.
Legal Topics
Culpable Homicide, Murder, Distinction Between S.300, S.302, S.304 IPC
Criminal Law Culpable Homicide Murder Distinction Between S.300, S.302, S.304 IPC

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Parties

Rampal Singh

Appellant

State of UP

Respondent

Procedural Posture

Criminal Appeal / Final Decision, Appeal Disposed

Legal Issues

  1. 1 Classification of the offence as murder or culpable homicide not amounting to murder
  2. 2 Appropriate penal provision under Indian Penal Code for the act of causing death by gunshot

Ratio Decidendi

The appellant, although he committed the offence without pre-meditation and in a state of anger provoked by the deceased, had the intent to cause a bodily injury which could result in death. The facts do not constitute knowledge simplicitor but intention ex facie. Accordingly, conviction under Section 302 IPC is altered to Section 304 Part I IPC.

Court Disposition

Conviction altered from Section 302 IPC to Section 304 Part I IPC; sentence modified.

Orders

  • Appellant sentenced to 10 years rigorous imprisonment along with fine of Rs 10,000/-.
  • In default of payment of fine, appellant to undergo simple imprisonment for one month.