Subhash and Anr. v. State
Case brief
What is this about?
In this criminal appeal, the High Court of Rajasthan partly allowed the appeal filed by two appellants convicted for murder and concealing evidence. The Court set aside the conviction of the second appellant for murder and concealing evidence due to lack of common intention and corroboration. However, the conviction of the first appellant for murder under Section 302 IPC was converted to culpable homicide not amounting to murder under Section 304 IPC, as the incident arose from a sudden quarrel without premeditation. The conviction of the first appellant for illegal possession of arms under Section 3/25 was quashed due to lack of previous sanction, while the conviction under Article 7/27(2) for illegal possession was upheld.
What did the court decide?
Conviction of second appellant under Sections 302/34 IPC and Section 201 IPC set aside and acquitted. Conviction of first appellant under Section 3/25 Arms Act set aside; conviction under Section 7/27(2) Arms Act upheld; conviction under Section 302 IPC converted to Section 304 IPC.