• Sign In/Sign Up
  • Menu
  • +Clients Back

    • Get Free Legal Answers
    • Get Fee Estimates
    • Find Lawyers
  • +Lawyers

    • Case Diary & Office Manager
    • Post News & Artilces
    • Post Jobs & Internships
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • News/Articles
  • Person cannot be held guilty of murder if intention is not proved: Kerala HC

Latest News

Back

Person cannot be held guilty of murder if intention is not proved: Kerala HC

Courtesy/By: Anupam Bhaduri  |  23 Nov 2019     Views:336

 A. Hariprasad and A.Anil Kumar, JJ headed a division bench as they released the appellant on grounds that no intention to commit murder was established. The appellant also had already served more detention than the actual term of punishment prescribed by law.

The prosecution alleged that the deceased and the convicted appellant were in the practice of sleeping in a closed veranda or bus sheds. They were also addicted to drinking. The convicted appellant having harbored hatred towards the deceased viciously attacked him with the intention of killing the person. The deceased was declared dead at the nearby hospital upon arrival.

Learned counsel Renjith B. Marar represented the appellant and stated that the name of the deceased was only recorded at the hospital. Due to a “botched up investigation” it is not entirely improbable that the assailant may have been someone else. The fact also stands that the injuries inflicted upon the deceased according to the post-mortem report was made with weapons that the appellant did not carry. The counsel held that even if the prosecution case were to be accepted, the Section 300 of the Penal Code could not be held against the appellant as the opposite counsel could not establish the mens rea on the part of the appellant that caused the death of the deceased.

The counsel of the respondent headed by Alex H. Thombra argued that the appellant had been involved in a fight with the deceased and was forced to apologize for his conduct to the deceased on the night previous to the death of the deceased. PW1 presented before the court confirmed the assault of the accused appellant on the deceased.

The HC upon examination found out that the accused was aware of the frail physical conditions of the deceased and was well aware that incessant hits would be the cause of death of the accused. This made the motive of murder nonexistent. However the HC found the appellant guilty under Section 299 of Penal Code and liable under Section 304 of the Penal Code. The Court pronounced him rigorous imprisonment of 7 years but found that his detention was on the tenth year. Upon considering this the HC ordered to release him.  


Document:


Courtesy/By: Anupam Bhaduri  |  23 Nov 2019     Views:336

News Updates

The Legal Framework of Bail Conditions in India: B...
25 Oct 2024     Views:5540
Changing an Arbitrator Mid-Proceeding: Legal Frame...
23 Oct 2024     Views:4974
IMF Retains India's FY25 GDP Growth Forecast at 7%...
22 Oct 2024     Views:4956
The Evolving Landscape of Russian Anti-Suit Injunc...
22 Oct 2024     Views:4746
Hyundai’s IPO vs Competitors: How the Auto Giant...
15 Oct 2024     Views:4772
The Validity of Arbitration Agreements Post Decree...
14 Oct 2024     Views:4427
SEBI Issues Checklist for AIFs, Their Managers, an...
08 Oct 2024     Views:4805
The Siemens v. Russian Railroads Case...
07 Oct 2024     Views:4797
Empowering Minds in Confinement: Bombay HC’s Lan...
03 Oct 2024     Views:4913
The Dynamics of Novation in Contract Law and Its I...
02 Oct 2024     Views:5093
SEBI Establishes Consistent Evaluation Standards f...
01 Oct 2024     Views:4801
Landmark Decision by Austrian Supreme Court on Arb...
30 Sep 2024     Views:4778
Key Considerations for Indian Commercial Claims...
25 Sep 2024     Views:4730
Boom or Bust: Africa’s Oil Giants Face Declining...
23 Sep 2024     Views:4848
The Growing Role of Arbitration in Intellectual Pr...
23 Sep 2024     Views:4808
Supreme Court Greenlights Sub-Classification of SC...
20 Sep 2024     Views:5127
SEBI's Employee Grievances Prompt Formation of Wor...
19 Sep 2024     Views:4958
Environmental Law in India: Challenges and Opportu...
18 Sep 2024     Views:5784
Navigating the New Legal Landscape of Exclusive Ju...
16 Sep 2024     Views:4920
The Anatomy of Joint Venture Breakups in India (an...
31 Jul 2024     Views:5264
The Integration of ESG in India's M&A Landscape...
31 Jul 2024     Views:5166
Future of AI in Legal Systems and Conflict Resolut...
21 Jul 2024     Views:5355
World Health Assembly Revises International Health...
21 Jul 2024     Views:5209
Pokemon GO Fans Concerned Over Restrictive New Ter...
21 Jul 2024     Views:5328
Landmark Judgment on Setting Aside Arbitration Awa...
21 Jul 2024     Views:5111
Understanding the Process of Issuing Summons in In...
11 Jul 2023     Views:8481
Understanding the Unlawful Activities (Prevention)...
10 Jul 2023     Views:7042
Understanding the Mental Health Act in India: A St...
09 Jul 2023     Views:7083
Combating Manual Scavenging in India: A Call for S...
07 Jul 2023     Views:6882
Impleadment in Supreme Court of India: A Comprehen...
05 Jul 2023     Views:7834
Unraveling the Distinction: Culpable Homicide vs. ...
03 Jul 2023     Views:7179
Understanding the Difference between Money Bills a...
02 Jul 2023     Views:5721
Understanding the Civil Procedure Code in India: A...
01 Jul 2023     Views:6496
The Rights of Criminals in India: Upholding Justic...
30 Jun 2023     Views:5760
Exploring the Differences between the US and India...
29 Jun 2023     Views:5765
What to Do If the Police Refuse to Register Your F...
26 Jun 2023     Views:6011
Timeline of Environmental Protocols: A Global Effo...
25 Jun 2023     Views:5712
How to Deal with Cheque Bounce Cases in India...
24 Jun 2023     Views:5692
Pursuing a Lucrative Litigation Career in Indian L...
22 Jun 2023     Views:5744
Understanding the Emergency Provisions of India: S...
21 Jun 2023     Views:5708
Environment Legislation in India: A Comprehensive ...
20 Jun 2023     Views:6064
Understanding the Emergency Powers of the Constitu...
18 Jun 2023     Views:5568
Understanding the Emergency Powers of the Constitu...
17 Jun 2023     Views:5593
Timeline of Same-Sex Laws in India: A Journey Towa...
16 Jun 2023     Views:6038
Sir Creek Dispute and Legal Implications...
15 Jun 2023     Views:6231
Jurisprudence of NDPS Laws in India: A Comprehensi...
14 Jun 2023     Views:5813
Impleadment Proceedings: A Comprehensive Guide to ...
13 Jun 2023     Views:6247
Understanding Continuing Mandamus: A Powerful Judi...
12 Jun 2023     Views:8208
Res Judicata: The Doctrine of Finality in Legal Pr...
10 Jun 2023     Views:6246
Mastering the Art of Legal Drafting: A Comprehensi...
08 Jun 2023     Views:5909
Order 1 Rule 10 of the Code of Civil Procedure (CP...
07 Jun 2023     Views:11548
Understanding the Laws of War: Protecting Humanity...
03 Jun 2023     Views:5633
Understanding the Code of Criminal Procedure (CRPC...
02 Jun 2023     Views:6480
The National Drug and Psychotropic Substances (NDP...
01 Jun 2023     Views:6059
A Step-by-Step Guide: How to File an FIR in India...
31 May 2023     Views:5758
Zero FIR: An Effective Tool for Prompt Criminal Ju...
30 May 2023     Views:5994
Unveiling the Dissent of Judges in Judicial Judgme...
28 May 2023     Views:5638
Environmental Laws in India: Safeguarding Nature f...
25 May 2023     Views:6087
The Recusal of Supreme Court of India Judges from ...
24 May 2023     Views:5759
Understanding the Jurisdiction of the Supreme Cour...
23 May 2023     Views:6207
Article 142 of the Constitution of India: A Compre...
22 May 2023     Views:6415
Landmark Judgments in Arbitration Law in India: A...
21 May 2023     Views:6643
Landmark Cases on Anticipatory Bail in India: A Pa...
20 May 2023     Views:10534
Embracing the Future: How AI is Revolutionizing th...
18 May 2023     Views:5859
Understanding Narcotics Laws in India: A Comprehen...
17 May 2023     Views:5723
Understanding Indian Laws on Cross-Border Transact...
16 May 2023     Views:6847
ADR mechanism of legal adjudication in India...
15 May 2023     Views:5568
Validity of foreign arbitral award in India throug...
14 May 2023     Views:5584
Scope of Section 151 CPC...
13 May 2023     Views:7159
Detailed Overview on Section 482 of Crpc...
11 May 2023     Views:6106
Scope of Decree under CPC...
10 May 2023     Views:5666
Legal development of Arbitration Laws in India....
09 May 2023     Views:5709
Arbitration Laws in India...
07 May 2023     Views:5648
Impact of COVID-19 on Legal Industry...
06 May 2023     Views:7754
Chargesheet not having authority's valid sanction ...
02 May 2023     Views:5926
Same-Sex Marriage in India...
30 Apr 2023     Views:5574
National Commission for Women...
27 Apr 2023     Views:5426
Law making process of India....
26 Apr 2023     Views:6510
Bail Provisions in India...
25 Apr 2023     Views:5451
Life imprisonment in Criminal Law in India...
24 Apr 2023     Views:5862
Contempt of Court...
23 Apr 2023     Views:5705
The collegium system of Judiciary in India....
22 Apr 2023     Views:5392
Remarriage before Expiry of Limitation Period to f...
21 Apr 2023     Views:5392
Need for strict measure of NDPS laws in India....
20 Apr 2023     Views:5547
Nature of Offence under Section 138 of NI Act is Q...
19 Apr 2023     Views:7978
Order VII Rule 11 CPC: Plaint cannot be rejected m...
18 Apr 2023     Views:6589
Mediation: At the Dawn of Golden Age organized at ...
16 Apr 2023     Views:5673
Central Government's motto should be mediate, not ...
15 Apr 2023     Views:5387
Ambedkar Jayanti Celebrations...
14 Apr 2023     Views:5592
Supreme Court of India calls for Preventive Measur...
12 Apr 2023     Views:5161
Pursuing LL.M is not break in Law Practice, Rules ...
11 Apr 2023     Views:5376
Law should take into consideration realities of co...
10 Apr 2023     Views:5212
Delhi High Court said that peeping into public bat...
08 Apr 2023     Views:5805
Delhi High Court denies bails to AAP's Satyendra J...
06 Apr 2023     Views:5929
Supreme Court’s Triple Talaq Judgement Would App...
30 Jan 2023     Views:5657
Article 311(1) | An Order of Removal From Service ...
26 Jan 2023     Views:6137
Leaders shouldn't disrespect the President or Pri...
17 Jan 2023     Views:5440
New bench will hear Ashwini Upadhyay's Supreme Cou...
15 Jan 2023     Views:5576
Person Who Drove Rashly with the Knowledge that it...
12 Jan 2023     Views:6159
The rigours of Section 37 of the NDPS Act cannot b...
11 Jan 2023     Views:5901
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Sabrimala Verdict (28 sept 2018) - A End of Taboo.
    On 07 Oct 2020    Views:95889
  • Case Analysis: Vellore Citizens Welfare Forum vs Union of India
    On 11 Dec 2020    Views:73448
  • Case Analysis: THE BERUBARI UNION CASE
    On 14 Dec 2020    Views:70868
  • DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882
    On 08 Jul 2020    Views:70008
  • A.K. Gopalan v. State of Madras (1950 AIR 27, 1950 SCR 88)
    On 08 Nov 2020    Views:59361
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1128 ]
  • Legal Maxims

Connect

Lawsisto Direct

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.