NIRMAL TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A Dhar, learned Amicus Curiae and Ms. B. Bhuyan, learned Addl. Public Prosecutor.

(2.) This appeal has put challenge the judgment and order dtd. 21/12/2017 passed by the Court of the Addl. Sessions Judge-1, Nagaon, in Sessions Case No. 22(N)/2017, by which the appellant has been convicted under Sec. 302 IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs.2,000.00, in default to undergo further rigorous imprisonment for 4 months, vide sentence Order dtd. 22/12/2017. The learned Amicus Curiae submits that it is not disputed that the appellant had struck the back of the head of the deceased with an axe on 14/1/2017, which caused the death of the deceased. He, however, submits that the case of the appellant attracts Exception-1 to Sec. 300 IPC and accordingly, the conviction of the appellant has to be altered to Sec. 304 Part-II IPC.

(3.) Ms. B Bhuyan, the learned Addl. Public Prosecutor also submits that on considering the evidence adduced in the Trial Court, the action of the appellant may attract Exception-1 to Sec. 300 IPC. She further submits that the factors to be considered in determining whether culpable homicide amounts to murder is culled out in various judgments of the Apex Court, which is reflected in the case of State of Uttarakhand vs. Sachendra Singh Rawat, reported in (2022) 4 SCC 227.