Pooran Mal v. State
Case brief
What is this about?
Court allowed challenge to conviction of appellant deceased at trial for section 302 IPC reducing it to section 304 IPC. Held killing pip to cause strangulation is not murder and sentence reduced.
What did the court decide?
Conviction for Section 302 IPC set aside; case remitted to trial court for sentence under Section 304 IPC.
What the court decided
[2024:RJ-JP:29410]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Appeal No. 166/1993
- Pooran Mal (Deceased)
- Suresh Kumar Meena, Son of late Shri Puran Mal aged about 35 years, resident of Bhakton Ka Mohalla, Boraj, Jaipur, Rajasthan
- Shankar Lal Meena Son of late Shri Puran Mal aged about 37 years, resident of Bhakton Ka Mohalla, Boraj, Jaipur, Rajasthan
- Hansa Meena Daughter of late Shri Puran Mal aged about 37 years, resident of Bhakton Ka Mohalla, Boraj, Jaipur, Rajasthan
- Sanja Meena Wife of of late Shri Puran Mal aged about 55 years, resident of Bhakton Ka Mohalla, Boraj, Jaipur, Rajasthan
----Accused Appellant
Versus
State of Rajasthan Through its P.P.
Issues for consideration
2 issues framed by the court
Whether conviction for Section 302 IPC can be set aside and substituted with Section 304 IPC whenever the accused cut a pipe or cloth to strangle the victim, causing death, rather than pressing a wire
Whether the High Court had jurisdiction to sentence an appellant who was deceased at the time of sentence pronouncement after remanding the conviction to the trial court.
Parties & counsel
- appellant
Pooran Mal
- appellant
Suresh Kumar Meena
- appellant
Shankar Lal Meena
- appellant
Hansa Meena
- appellant
Sanja Meena
- respondent
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · July
- Registered
- Case no.
- CRLA/166/1993
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