MOHAN SINGH Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted for the offence of murder. The impugned judgment is dated 12. 12. 2005.

(2.) BEFORE we note the facts of the case, we wish to pen down a prelude, for the reason we are noting an unfortunate trend of convicting each and every accused, whose act has resulted in the death of a person.

(3.) IN a case of homicide, the distinction between homicide simplicitor and a homicide amounting to murder is well re-cognised by law and has to be kept in view while evaluating evidence. Further, the distinction between Part I and part II of Section 304 IPC has also to be kept in view. That apart, there may be cases where the intention of the accused may be to cause an injury simplicitor but death may result. In such cases, it has to be considered whether the act constitutes an offence punishable under Section 322, 323, 325 or 326 IPC.