Yogesh @ Sonu Tharu vs State 2024 INSC 305 – Murder Case

Indian Penal Code, 1860; Section 299,300, 304- Allowing appeal, SC observed: Evidence available would show that there was only a quarrel. All the parties assembled at the place of occurrence for the purpose of celebrating the birthday of PW-24. This fact is not in dispute. It is only while consuming liquor, a quarrel happened suddenly between the deceased and A2. The reason for A1 to shoot the deceased was the said quarrel. Though it is stated that A1 had made an attempt to shoot the deceased. The very said fact alone cannot be a ground to bring it under the rigour of Section 300 IPC. The weapon was not brought for the purpose of committing an offence. A1 was carrying the weapon without any intention or objective to commit an offence. To put it differently, but for the quarrel between A2 and the deceased the occurrence would not have happened- It is a case which would come under Section 299 of IPC and therefore, A1 has committed an offence of culpable homicide not amounting to murder.

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