Indian Penal Code, 1860 – Sections 302, 201, and 34 – Bail – Murder – Intention – Culpable Homicide – Disposal of Dead Body – Absence of Mens Rea – In a case involving the death of an individual during an attempt to extract honey from a beehive, the accused, believing the victim to be dead, disposed of the body in a river. However, subsequent legal proceedings questioned whether the accused could be charged with murder under Section 302 of the IPC or if the offense amounted to culpable homicide not amounting to murder under Section 304.
The court examined precedents such as Rajan v. State and Prathibha v. State of Kerala to determine the applicability of the law. It concluded that the accused could not be held liable for murder, as their intention was not directed towards causing death, but rather towards the belief that the victim was already deceased. Hence, the court granted bail to the accused, emphasizing that the detention during trial was unjustified given the nature of the allegations and the absence of a criminal record. The court imposed conditions on the bail, emphasizing the importance of attending trial, refraining from intimidating witnesses, and maintaining communication with authorities. (Para 17)
HIGH COURT OF HIMACHAL PRADESH
2024 STPL(Web) 47 HP
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Raj Kumar Vs. State Of Himachal Pradesh
Cr.MPM Nos. 3037 & 3038 of 2023-Decided on 12-01-2024
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