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If There Was No Preparation To Commit Murder And If The Offence Happened On Spur Of The Moment, It Cannot Be Considered As Murder: Odisha HC

In the case of  Duryodhan Pahi versus State of Orissa, (JCRLA Nos.87 of 2007), a Division Bench made up of Justice S.K. Mishra and Justice Savitri Ratho partially upheld the appellant’s appeal against his conviction under Section 302 of the IPC, but they emphasised that if any one of the four requirements listed below is not met, the offence will be culpable homicide not amounting to murder.

Brief Facts Of The Case: Those are that the act was done with the intent to cause death; or with the intention of causing such bodily injury as the offender knew to be likely to cause the death of the person to whom the harm is caused; or with the intent to cause bodily injury to any person, and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or with knowledge that the act is so imminently dangerous that it must in all probability result in death.

Judgment: It was also found that a murder can not be regarded as a murder if the appellant did not plan to do it and it occurred on spur.

 

JUDGEMENT REVIEWED BY PRAKIRTI JENA

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