Bulu Khandia v. State
Case brief
What is this about?
The High Court on appeal convicted the appellant for culpable homicide not amounting to murder instead of murder. The Court held the death resulted from a sudden fight without premeditation, discharging the total defense of murder.
What did the court decide?
Conviction under Section 302 IPC set aside; appellant convicted for culpable homicide not amounting to murder (Section 304 Part-I IPC) and sentenced to 10 years rigorous imprisonment.
What the court decided
ORISSA HIGH COURT: CUTTACK JCRLA NO. 69 OF 2009
(From the judgment and order dated 08.04.2009 passed by Sri J.P.Chand, Additional Sessions Judge, Talcher in C.T. (Sessions) No.7 of 2008)
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Bulu Khandia ……… Appellant
-Vs-
State of Orissa ……… Respondent
For Appellant : Mr.S.Mohanty, M/s. Parthasarathi Nayak, Md. G.Madani & A.Jena.
For Respondent : Mr. K.K.Mishra, Addl. Govt. Advocate.
P R E S E N T:
THE HONOURABLE MR. JUSTICE S.K.MISHRA AND
THE HONOURABLE DR. JUSTICE A.K.MISHRA
Date of Hearing: 01.08.2019 : Date of Judgment: 19.08.2019
Dr. A.K.Mishra, J . In this appeal under Section 383 of the Cr.P.C. the appellant has assailed his conviction under Section 302 of the I.P.C. and sentence to undergo life imprisonment and to pay find of Rs. 1000/- in default to undergo further Rigorous Imprisonment for three months, passed by the learned Additional Sessions Judge, Talcher vide judgment dated 8.4.2009 in C.T.(Sessions) No. 07 of 2008.
Issues for consideration
3 issues framed by the court
Whether the appellant can avail the plea of right to private defence given he threw a stone after the deceased fell?
Whether the death resulted from murder under Section 302 I.P.C. or culpable homicide not amounting to murder under Exception 4?
Whether the offence qualifies as a sudden fight under Exception 4 to Section 300 I.P.C. or premeditated murder?
Parties & counsel
- appellant
BULU KHANDIA
- respondent
STATE OF ORISSA
Coram
S.K.MISHRA
Case details
As recorded by the court registry
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