VEERAN & ORS. versus STATE OF M.P.

VEERAN & ORS. versus STATE OF M.P.

Only appellant No.1 (Veeran) inflicted the fatal blow with a Gandasa; other accused were implicated largely by omnibus statements with no specific overt acts attributed to them; the incident arose from sudden altercation and grave provocation without premeditation or common intention to cause death; some accused...

Source-derived case information.

Parties
Appellant: Veeran; Appellant: Onkar; Appellant: Ganesh; Appellant: Ashok; Appellant: Rewaram; Appellant: Lakhan; Appellant: Suresh; Appellant: Badelal; Respondent: State of M.P.
Jurisdiction
India
Judgment Date
13 April 2011
Procedural Posture
Criminal Appeal / Appeal (final Judgment)
Outcome
Appeal partly allowed
Legal Topics
Murder Vs Culpable Homicide, Exceptions to Murder (section 300 Ipc), Provocation, Common Intention, Conversion of Conviction Under Section 304 IPC
Criminal Law Indian Penal Code Murder Vs Culpable Homicide Exceptions to Murder (section 300 Ipc) Provocation Common Intention Conversion of Conviction Under Section 304 IPC

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Summary, issues, holding and outcome

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Parties

Veeran

Appellant

Onkar

Appellant

Ganesh

Appellant

Ashok

Appellant

Rewaram

Appellant

Lakhan

Appellant

Suresh

Appellant

Badelal

Appellant

State of M.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal (final Judgment)

Legal Issues

  1. 1 Whether the conviction under Section 302/149 IPC could be sustained or should be converted to Section 304 IPC
  2. 2 Whether the act was premeditated and whether there was common intention to cause death
  3. 3 Applicability of Exceptions 1 and 4 to Section 300 IPC (sudden and grave provocation; sudden fight)

Ratio Decidendi

Only appellant No.1 (Veeran) inflicted the fatal blow with a Gandasa; other accused were implicated largely by omnibus statements with no specific overt acts attributed to them; the incident arose from sudden altercation and grave provocation without premeditation or common intention to cause death; some accused also sustained injuries inflicted by the complainant party; therefore Exceptions 1 and 4 to Section 300 IPC apply, warranting conversion of Veeran's conviction to Section 304 Part I/149 IPC and conviction of the others for lesser offences (Section 323/149, 147, 148 IPC); sentences already undergone to be treated as adequate.

Court Disposition

Appeal partly allowed

Orders

  • Conviction of appellant No.1 (Veeran) converted to Section 304 Part I/149 IPC and he is held also guilty under Sections 147 and 148 IPC; sentence treated as already undergone (approximately 15 years)
  • Remaining appellants held guilty under Sections 323/149, 147 and 148 IPC and sentenced to terms already undergone (more than 2.5 years)