SHRI HARENDRA NATH BORAH versus STATE OF ASSAM

SHRI HARENDRA NATH BORAH versus STATE OF ASSAM

The facts do not support conviction for murder under Section 302 IPC as the ingredients of Section 300 are not fulfilled. Instead, the act amounts to culpable homicide not amounting to murder under Section 304 Part I IPC, as there was intention to cause a bodily injury likely to cause death but not with the special characteristics of murder. Sentence altered accordingly.

Parties
Appellant: Shri Harendra Nath Borah; Respondent: State of Assam
Jurisdiction
India
Judgment Date
24 January 2007
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From High Court Affirming Conviction
Outcome
Appeal partly allowed; conviction altered to Section 304 Part I IPC; custodial sentence of 10 years imposed.
Legal Topics
Culpable Homicide, Murder, Indian Penal Code Section 299, Indian Penal Code Section 300, Indian Penal Code Section 302, Indian Penal Code Section 304
Criminal Law Culpable Homicide Murder Indian Penal Code Section 299 Indian Penal Code Section 300 Indian Penal Code Section 302 Indian Penal Code Section 304

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Parties

Shri Harendra Nath Borah

Appellant

State of Assam

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From High Court Affirming Conviction

Legal Issues

  1. 1 Whether the conviction under Section 302 IPC (murder) is sustainable or the case falls under Section 304 Part I IPC (culpable homicide not amounting to murder)

Ratio Decidendi

The facts do not support conviction for murder under Section 302 IPC as the ingredients of Section 300 are not fulfilled. Instead, the act amounts to culpable homicide not amounting to murder under Section 304 Part I IPC, as there was intention to cause a bodily injury likely to cause death but not with the special characteristics of murder. Sentence altered accordingly.

Court Disposition

Appeal partly allowed; conviction altered to Section 304 Part I IPC; custodial sentence of 10 years imposed.

Orders

  • Conviction under Section 302 IPC set aside and altered to Section 304 Part I IPC.
  • Custodial sentence of 10 years imposed in substitution for life imprisonment.