RAMKISHAN AND OTHERS versus STATE OF RAJASTHAN

RAMKISHAN AND OTHERS versus STATE OF RAJASTHAN

On the findings of the trial court, the appellants' intention was only to cause injuries and they did not share any common intention to cause the death of the deceased. The medical evidence did not conclusively support that the death was caused with the requisite intention for murder. Therefore, conviction under Section 302 IPC was not sustainable and the offence made out was under Section 304 Part II IPC read with Section 149 IPC.

Parties
Appellants: Ramkishan and Others; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
02 September 1997
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave From Rajasthan High Court
Outcome
Appeal allowed in part.
Legal Topics
Murder, Culpable Homicide, Unlawful Assembly, Charge Irregularity
Criminal Law Murder Culpable Homicide Unlawful Assembly Charge Irregularity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ramkishan and Others

Appellants

State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave From Rajasthan High Court

Legal Issues

  1. 1 Whether conviction under Section 302 IPC was justified in the facts and evidence on record.
  2. 2 Whether omission to mention Section 149 IPC in the charge vitiates the conviction.

Ratio Decidendi

On the findings of the trial court, the appellants' intention was only to cause injuries and they did not share any common intention to cause the death of the deceased. The medical evidence did not conclusively support that the death was caused with the requisite intention for murder. Therefore, conviction under Section 302 IPC was not sustainable and the offence made out was under Section 304 Part II IPC read with Section 149 IPC.

Court Disposition

Appeal allowed in part.

Orders

  • Conviction and sentence under Section 302 IPC set aside.
  • Appellants convicted under Section 304 Part II IPC read with Section 149 IPC and sentenced to 5 years rigorous imprisonment each.