Case title:
Anil Kumar V. The State of Kerela
Date of Order:
1st November, 2023
Bench:
Hon'ble Justice Abhay S. Oka
Hon'ble Justice Pankaj Mithal
Parties:
Petitioner: Anil Kumar
Respondent: The State of Kerela
SUBJECT:
IMPORTANT PROVISIONS
Sections 498A of IPC- Husband or relative of husband of a woman subjecting her to cruelty.
Section 302 of IPC- Punishment for murder
OVERVIEW
- The claim is that after a fight with the appellant, the wife poured kerosene on herself, therefore the appellant lit a matchstick and tossed it at her with the goal of killing her.
- The incident happened on September 26, 2010, around nine in the morning, at the appellant's home.
ISSUES RAISED
Whether the appellant killed the deceased with any premeditation or was it a result of a grave and sudden provocation that would not qualify as murder, or at most as a case of culpable homicide that is not punishable as murder?
ARGUMENTS ADVANCED BY THE APPELLANT
- The appellant's learned attorney had contended that he had no intention of killing his deceased wife and that he did not have a planned plan to do so.
- As a result, he cannot be accused under Section 302 IPC and may instead be charged under Section 304 Part II of the IPC.
JUDGEMENT ANALYSIS
- According to the court, the evidence mentioned resolves the case and proves beyond a reasonable doubt that the appellant committed the crime of culpable homicide amounting to murder.
- As a result, the appellant is ineligible to benefit from Section 300 IPC's Exception 4.
- As a result, the court believes that the lower courts did not mistake in fact or law when they found him guilty and gave him a life sentence.
- The appeal accordingly lacked merit and was dismissed.
CONCLUSION
Murder and culpable homicide are both serious criminal offenses, but they differ in terms of their legal definitions and the severity of the act. Murder typically refers to the intentional and unlawful killing of another person, with some degree of premeditation or malice aforethought. On the other hand, culpable homicide generally refers to the act of causing the death of a person, either intentionally or unintentionally, but without the specific intention to cause death. Factors such as motive, intent, premeditation, and the presence of any mitigating or aggravating circumstances are considered during the legal proceedings.
It is important to note that domestic violence and crimes within the context of intimate relationships are taken very seriously by the legal system in many countries.
