LAW FOR ALL

culpable homicide not amounting to murder under Section 304, IPC, - In the absence of motive to cause death and the injuries too never disclosed as that of such a fatal one to cause death and when the injuries were caused in spur of movement on sudden fight - it is not murder punishable under sec.302 but punishable under sec.304 not amounting to murder - The evidence produced against the accused does not show that the accused had any motive to cause death of the deceased or have intended to cause such bodily injuries which were sufficient in the ordinary course of nature to cause the death of the deceased. Evidence on record also does not establish that the injuries caused on the body of the deceased must in all probability cause his death or likely to cause his death. On the spur of the moment, during the heat of exchange of words accused caused injuries on the body of the deceased which caused his death. Therefore, the ingredients of the murder as defined in Section 300, IPC, have not been established against the accused. In our opinion, the accused was guilty of culpable homicide not amounting to murder under Section 304, IPC, and considering the fact that the accused had no intention to either cause the death of the deceased or cause such bodily injury as is likely to cause death of the deceased, it would be sufficient to impose on accused a sentence of seven years rigorous imprisonment and to impose on him a fine of Rs.5,000/- and in default of payment of fine, a further imprisonment of six months.= MANJEET SINGH … APPELLANT VERSUS STATE OF HIMACHAL PRADESH … RESPONDENT = 2014 (April. Part)http://judis.nic.in/supremecourt/filename=41473