Indian Penal Code, 1860 – Section 302, 304 Part II – Murder – Offence modified – Appeal against conviction in murder – Appreciation of evidence – Held: It is seen that the deceased did not sustain multiple injury and she mainly sustained injury on her belly region and the cause of her death is rupture of the spleen. Thus, it can be concluded that there was a single blow from the accused/ appellant on the belly region of the deceased. Had his intention been to kill her, he would in all probability have given more blows or would have used some kind of weapon to assault the victim. Further, there is no evidence that the accused/appellant had any premeditation to commit murder of the deceased. More so, there was no external grievous injury on the deceased.
The accused/appellant might not have been aware that his assault or such blow could have caused the death of his mother and thus, it is seen that the offence falls under Exception IV of Section 300 of Indian Penal Code. Offence modified accordingly – Sentence reduced from life imprisonment to four years imprisonment. (Para 30, 34)
GAUHATI HIGH COURT
2023 STPL(Web) 153 Gauhati
[GAHC010057792023]
Lalu Karmakar Vs. State Of Assam
CRL.A(J) 42 of 2023-Decided on 9-10-2023
https://stpllaw.in/wp-content/uploads/2023/11/2023-STPLWeb-153-Gauhati.pdf
