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Murder (Section 302) Under IPC

Description of section 302
According to section 302 of the Indian penal code,
Whoever kills any person, shall be punished with death or with imprisonment for life, as well as with fine.

Applicable offense
To kill

Punishment: Death penalty or life imprisonment + fine
It is a non-bailable, cognizable offense and triable by the Court of Session.

This offense is not compoundable.
We often get to hear and read that in the case of murder, the court has found the perpetrator guilty of murder under section 302 of the IPC i.e. Indian Penal Code. In such a case, the court sentences the guilty to death penalty or life imprisonment. But many people still do not have the right knowledge about section 302, let's discuss what is section 302 of the Indian Penal Code i.e. Indian Panel Code.

Section 302 IPC (punishment for murder)
We often hear, that the court has found someone guilty of committing the offense of murder under Section 302 of the Indian Penal Code (IPC). In cases like these, the court punishes the killer with either the death penalty or life imprisonment. However, a large number of the Indian population is still unaware of what Section 302 of the IPC deals with. Here is a glimpse of Section 302:

What is section 302 of IPC?
The Indian Penal Code was implemented in 1862 during the British rule in India. Thereafter, in relation to the need of the society, amendments were made in the IPC from time to time. The most important changes under the Indian Penal Code were made especially after Indian independence. The importance of the IPC was to such an extent that Pakistan and Bangladesh also adopted it for the purposes of criminal rule.

Similarly, the basic structure of the Indian Penal Code, penal laws in countries then under British rule like Myanmar, Burma, Sri Lanka, Malaysia, Singapore, Brunei etc.

Section 302 of the Indian Penal Code is important in many ways. Persons accused of murder are tried under this section only. Further, if in the case an accused of murder is found guilty of an offence, Section 302 provides for punishment to such offenders. It states that whoever commits murder shall be punished with either life imprisonment or death (depending on the gravity of the murder) along with fine. The primary point of consideration for the Court in matters relating to murder is the intent and purpose of the accused. That is why it is important that the object and intention of the accused is proved in cases under this section.

What are the essential elements of murder?
Required materials for murder include:
  • Intention: Must be intended to cause death
  • Cause of Death: The act has to be done with the knowledge that the act may cause the death of another.
  • Bodily injury: There must be intent to cause such bodily injury as is likely to cause death.
Example:
A shoots B with the intention of killing him. As a result, B dies, the murder is committed by A.
D intentionally gives C a sword-cut, which in the ordinary course of nature is the cause of death of anyone. As a result, C dies. Here, D is guilty of murder, although he was not the cause of C's death.

Scope of section 302
Section 302 of the Indian Penal Code provides for the punishment of murder. According to this section, whoever commits murder is punished with the following punishments:
  • Death;
  • Life imprisonment;
  • The guilty will also have to pay a fine.

The punishment under section 302 of the IPC is given below for your type:
Death Penalty
Death penalty is a legal process whereby a person is sentenced to death by the state as a punishment for a heinous crime. In India, the death penalty is given for rare cases. The criteria for a crime to be a rarest case has not been defined. According to data from Amnesty International, at least 100 people were executed (but not executed) in 2007, 40 in 2006, 77 in 2005, 23 in 2002 and 33 in 2001.

In Mithu v State of Punjab, the Supreme Court struck down Section 303 of the Indian Penal Code, which provided for life imprisonment for offenders. In December 2007, India voted against a United Nations General Assembly resolution to ban the death penalty. In November 2012, India again upheld its stance on capital punishment by voting against a draft resolution of the United Nations General Assembly and called for an end to the institution of capital punishment globally.

On 31 August 2015, the Law Commission of India submitted a report to the government that recommended the abolition of the death penalty for all crimes in India, except for crimes of waging war against the nation or crimes related to terrorism. The Law Commission report cited a number of factors that justified the abolition of the death penalty, including its abolition by 140 other countries, its arbitrary and erroneous application, and any proven deleterious effect on criminals.

Shortage is included. Many countries refused to hand over the Indian fugitive because of the presence of capital punishment in India. India opposed a UN resolution for a moratorium on the death penalty, as it goes against Indian statutory law and the sovereign right of each country to determine its own legal system.

In the light of the above discussion, it is necessary to elaborate on the following two points:
Meaning of the expression beyond reasonable doubt
It must be a genuine suspicion and a reasonable suspicion to stand in the manner of a crime of suspicion. If the data leaves the mind of the trial judge in doubt, the decision must be agreed to by the party. If the mind of the Prosecution Tribunal is equally balanced as to whether the accused is guilty or not, it is its duty to acquit the accused.

Investigation of rarest case in imposition of death penalty
Rare case is the principle given in Rarely Singh v. State of Punjab (1980) (2 SCC 684), which limits the discretion of the court in awarding capital punishment. Death as the highest punishment was removed from a general rule to be awarded only in ordinary circumstances and that too after recording the special reason for invoking the highest punishment, which in no circumstances was followed by its execution. Cannot be refunded.

The phrase rare of the rarest is yet to be defined, while the concern for human life, the norms of a civilized society, and the need to reform the offender have attracted the attention of courts. The death penalty is based on the action of the offender rather than the crime. The principle of proportionality of punishment to crime, victim, and offender is the foremost concern of the courts.

Life imprisonment
There are three types of imprisonment, solitary, rigorous and simple imprisonment. Life imprisonment means that the person is imprisoned for his life. Section 53 of the Indian Penal Code provides that there may be certain types of punishment where imprisonment for life is also an accepted form of punishment. In 1955, the sentence of life imprisonment was replaced with life imprisonment. According to section 302, life imprisonment is also punishable with murder. Life imprisonment is not a violent punishment like the death penalty, but it still affects the accused and the society.

Fine
A person charged with murder may also be liable to pay fine along with punishment as directed by the court. The quantum of fine to be paid by the convict will depend on the discretion of the court. The court may consider the manner in which the murder was committed and after due diligence shall pay the exact amount of fine to be paid by the accused.

Minor sentenced in a murder case
Children are the future of every nation, so they have to be carefully evaluated before they are awarded major punishments such as the death penalty and life imprisonment for heinous crimes. Punishment should be based on the principles of the law of evidence. Justice Lokur, who is the chairman of the Supreme Court Juvenile Justice Committee, observed that: Everyone held that the death penalty cannot be awarded to juvenile convicts in every case relating to heinous crimes like rape and murder. He said that every person who is about 17 years of age or close to 18 years cannot be given death sentence just because they have committed a heinous crime, proper inference must be obtained after going through all the evidence which pertains to the case.

According to the Juvenile Justice (Care and Protection of Children) Act 2000, the death penalty cannot be awarded to persons below the age of 18 years at the time of the offence. The Juvenile Justice Act of 2015 replaced that act in 2000. The Act, which was amended, can punish persons between the age of 16 and 18 years for committing heinous crimes such as rape and murder.

The main reason for passing the bill was the Delhi rape case, where one of the accused was 17 years old when he committed the crime. He was tried separately by a juvenile court and was sentenced to only three years' imprisonment. This raised a lot of controversies and mandated that the age of juveniles who are committing heinous crimes should be amended.

Co-accused sentenced in a murder case
Persons who are charged with the same offense shall be given the same punishment. The confession of the co-accused is provided for under section 30 in the Indian Evidence Act. The confession made by the co-accused has a clear evidence value and affects himself and other accused as well. The parity principle stipulates that a crime should be similar to the same perpetrators or persons convicted of the same offence. This principle ensures fairness and equality while awarding sentences.

Section 302 does not apply in some cases
The Indian penal code provides for certain provisions of section 302, and section 302 can be exercised only if a case satisfies all the conditions of the provisions of this section, if a case fulfills all the conditions of section 302. If it is not completed, then any other section can be used in it other than section 302, but section 302 cannot be used.

Section 302 takes care of the intention of the person to commit murder in court, but there are some cases in which one person kills another person, but there is no intention to kill the person who kills him. Is. So in all such cases, section 304 of the Indian Penal Code is used in place of section 302. Section 304 lays down certain provisions for the punishment of homicide, in which the punishment for the murder of any human being shall be punishable with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, in lieu of death.

Let us discuss some of the popular cases related to Section 302, and find out how the court has resolved these cases. Cases related to the Tandoor-scandal, the murder of Jessica Lal, the murder of Nitish Katara have also been in the news, and in all these cases, the accused were sentenced to life imprisonment under section 302. Similarly, in the year 2012, in the Brajendra Singh case, the Madhya Pradesh Court confirmed the order of death sentence-a-death on the basis of Section 302 of the Indian Penal Code. In all these cases, the court confirmed the intention to murder of the accused on the basis of evidence and statements of witnesses, and only after the intention to murder is proved, the guilty of murder are sentenced according to their crime.

Where is murder defined under the Indian Penal Code?
Section 299 of the Indian Penal Code defines murder as an act of injury caused by a person to kill another person or to cause such bodily injury which in turn causes the death of such person or voluntarily commits an act which causes death. After such person, the person who causes such death shall be said to commit murder under the provisions of section 299. As a murder is a criminal offence, the provision of punishment for this offense as provided under section 302 of the Indian Penal Code.

What is the difference between murder and homicide?
The intention behind this act is seen thin line. All murders are guilty houses but the opposite is not true. Ever since the Indian Penal Code was enacted, the distinction as to which case would fall under which category is a perennial question with which courts are often faced. On a plain reading of the relevant provisions of the Code, it appears that the given cases can easily be classified into two categories, but when it comes to the actual application, courts often face this dilemma.

This confusion often comes to the fore when it is difficult to discern from the evidence whether the intention was merely to cause bodily injury which would not constitute an offense of murder or whether there was a clear intention to murder the victim to make a clear case of the offence. The killing. The most confusing aspect is 'intent' as in both the provisions intention is the cause of death.

Therefore, you have to consider the degree of intent of the perpetrators. If the person is killed in cold-blooded or with a plan it is murder because the intention to kill is in a high degree and not out of sudden anger or provocation. On the other hand, if the victim is killed without prior planning, in a sudden fight, or in a sudden rage due to one's provocation or instability, then such death is called culpable homicide. Therefore, whether the act was committed, is he guilty of murder or murder is a question of fact.

A. P. vs. R. R. Punnaiah, (1976) 4 S. C. C. 382), the distinction between the two was clearly laid out by Sarkaria:
In the scheme of the penal code, 'homogeneous murder' is more. Murder is 'its specialty'. All 'murder' is 'guilty murder', but not vice versa. Generally speaking the 'special features of manslaughter' of 'guilty of murder' guilty of murder does not amount to murder. For the purpose of fixing the sentence, proportionately. The gravity of this common offence, the IPC recognizes practically three degrees of guilty homeopathy.

The first is what may be called culpable homicide of the first degree, this being the most serious form of culpable homicide which is defined in section 300 as 'murder'. The other may be called a 'person guilty of second degree'. It is punishable under the first part of section 304. Then, there is the 'criminal house of the third degree'. This is the minimum homicide type of suicide and the punishment provided. For this is also the lowest punishment provided for all the three grades, punishable under Part II of Section 304.

Exception to section 300 of the Indian Penal Code where homicide not amounting to murder
Sections 1-4 of Section 300 provide for the necessary material, which consists of a quantity sufficient to commit murder. Section 300, after laying down the cases in which the offender commits murder, mentions certain exceptional conditions under which, if murder is committed, it is punishable under section 304, and not under section 30 but under section 304 is not guilty of.

Exceptions are:
  • Severe and sudden excitement
  • Personal defense
  • Exercise of legal power
  • In a sudden battle without any preconditions and
  • Agreement

The above exceptions are further elaborated for a better understanding:
Severe and sudden vocation
If the offender is deprived of the power of self-control by reason of a sudden and serious provocation, and his act causes the death of the person who by accident or mistake incites another person or leads to his death.

This exception is subject to a certain provisionality:
  • That the abetment is not sought or is voluntarily abetted by the offender to be used as an excuse to kill the person or to cause any harm.
  • That the provocation is not given by anything in obedience to the law, or by a public servant in exercise of the powers of a public servant.
  • There is no provocation when exercising any lawful right of personal defence.

Example:
Serious and sudden provocation is given by C. As a result of this provocation, C catches fire. A did not intend or had no knowledge that his act was likely to kill C, who was out of A's sight. A murder C A is not liable for murder, but is liable to a man guilty of manslaughter.

Personal defense
When a person has a good faith in the exercise of his right to property or personal possession of the person, the power exceeds the authority given to him and thus leads to the death of the person against whom he is without knowledge or is exercising his authority with the intention of doing anything which is necessary for such purpose.

If the accused knowingly exceeds his right of personal defence, he shall be liable for murder but if it is culpable homicide not amounting to culpable homicide.

Example:
B tries to drive A away, in such a way that no one hurts A. A draws out his pistol, B remains in the attack. Assuming that B had no restraint in A to restrain himself, the perpetrator of murder is liable to the culpable homicide.

Exercise of legal power
When any public servant or any person authorized by the public servant acts for the advancement of justice and, in excess of his powers, causes the death of the person who considers the intention of Alauddin to be valid and the discharge of his duty as public For the purpose of doing what is considered necessary, servant and without behavior towards the person who dies.

Example:
A, the police constable went to arrest the person. The arrested person was trying to escape from it. The police officer shot him. A is not liable for the murder.

Sudden fight
A sudden fight means when the fight was unexpected or pre-determined. There was no intention of murder or murder of any person on either side.

It is not a matter of fact which party first attacked or who offered provocation. However, the case comes under this section only when the death is caused by:
  • Suddenly in a fight
  • In the heat of passion arising from a sudden quarrel without any pre-planning.
  • Criminals taking unfair advantage
  • Criminals do not act in unusual or cruel ways.
  • The fight should be between the accused and the person killed.

Agreement
When the person consents to the cause of his death it shall be a conviction of not guilty of murder. However, the person who died must be over 18 years of age:
The consent is given by the deceased.

Consent must be free and voluntary.
Example:
Anil, aged 16, was terminated by A for committing suicide. Here, Anil was unable to give his consent as he was immature and below 18 years of age. A is responsible for the murder.
Meaning of the expression beyond reasonable doubt

It must be a genuine suspicion and a reasonable suspicion to stand in the manner of a crime of suspicion. If the data leaves the mind of the trial judge in doubt, the decision must be agreed to by the party. If the mind of the Prosecution Tribunal is equally balanced as to whether the accused is guilty or not, it is its duty to acquit the accused.

Investigation of rarest case in imposition of death penalty
Rare case is the principle given in Rarely Singh v. State of Punjab (1980) (2 SCC 684), which limits the discretion of the court in awarding capital punishment. Death as the highest punishment was removed from a general rule to be awarded only in ordinary circumstances and that too after recording the special reason for invoking the highest punishment, which in no circumstances was followed by its execution. Cannot be refunded.

The phrase rare of the rarest is yet to be defined, while the concern for human life, the norms of a civilized society, and the need to reform the offender have attracted the attention of courts. The death penalty is based on the action of the offender rather than the crime. The principle of proportionality of punishment to crime, victim, and offender is the foremost concern of the courts.

What is the minimum time for bail if charges are made under section 302?
There is no prescribed time limit under the Indian Penal Code for granting bail if you are charged under section 302. A case under section 302 of IPC is a very serious offense and if you are accused of murder then even getting bail is not. Easy task. Whether an accused can get bail in a murder case depends highly on the facts and circumstances of the case. Also, if the evidence given against the accused is very strong, it will further delay the bail process.

As per the recent observation made by the Supreme Court, if an offense is punishable with death, then the period of investigation will be 90 days, whatever the minimum punishment. Similarly, if the offense is punishable with life imprisonment, even if the minimum sentence awarded is less than 10 years, the period of detention before 'default bail' is available will be 90 days. Therefore, if a person is accused of an offense punishable with death or imprisonment for life, but the minimum imprisonment is less than 10 years, a term of 90 days shall also apply.

The Supreme Court of India recently held that an accused is entitled to bail of criminal procedure under section 167(2)(a)(2) of the Code of Criminal Procedure, if the police in an offense punishable with imprisonment of up to 10 years fails to file the charge sheet within days.

In all cases where the minimum punishment is less than 10 years but the maximum punishment is not death or life imprisonment, section 167(2)(a)(ii) shall apply and the accused shall be entitled to 'default bail' after 60 days recorded in the case chargesheet. Does not happen.

What is the punishment for surrendering after killing in India?
A person who commits murder shall be punished with death or imprisonment for life and shall also be liable to fine in accordance with section 302 of the Indian Penal Code. The offense of murder is a non-bailable and non-compoundable offense (where compounding cannot be made). Will not surrender to a person who has committed the crime of murder. However, if the act was supported by sufficient reasons to commit, surrendering before the courts or the authorities concerned would help to show the bonhomie of the person concerned, which, in turn, could have been a bit lenient while awarding the sentence to the court. Is.

What to do if the Indian Penal Code 302 bail application is rejected by the court?
As stated above, getting bail in the charge of murder is not an easy task. There may also be instances where your bail application may get rejected. However, if you have applied for bail and your bail application is rejected, you have the option of filing a review petition before the judge to review the order of dismissal of the bail application. Apart from this, you can also challenge the order before the High Court if you feel that there is merit in your case. If you have a new ground on which you are seeking bail, you can file a second bail application.

How are murder trials conducted in India?
If the accused is not guilty of murder, the court calls the prosecution and fixes a day to examine the witnesses. The court may allow the examination of any prosecution witness. Once all the prosecution evidence was exhausted and examined, the court called the accused for his defence. As per Section 342 of CrPC, the court has to examine and interrogate the accused so as to enable the accused to explain any circumstantial evidence in the evidence produced by the prosecution against him. As under section 232, after examination of the accused, the court posts the matter for hearing. If the judge, after hearing the prosecution and the accused, feels that there is no evidence to show that the accused has committed the offence, the judge may record an order of acquittal as specified under section 232.

However, if the accused is not acquitted after trial under section 232, the accused may present his defense or any evidence which may be in support of him. After the conclusion of the defense evidence, the final argument of the case is called.

Final argument
After the final arguments are presented by the prosecution, it is alleged that the judge decides whether the accused is to be acquitted or convicted. According to Section 314 of the Indian Penal Procedure Code, either of the two parties to the proceeding shall, as soon as after the conclusion of his evidence, before he concludes his oral arguments, if any, he shall A memorandum has to be submitted in the court along with it. Support for their case and a copy of the same for the opposite party will be given.

Holocaust
After the case is presented by both the parties, the judge either acquits or convicts the accused. This is known as the decision.

As per Section 250 of CrPC, if an accused is exonerated or acquitted and if the person making a complaint against him is present, the court may summon him to show why he has not received any compensation for the accused. Should give. If he does not appear, a summon is issued to him.

What is the procedure for appealing against the sentence of murder?
Once the court has made a decision, the appellant has to appeal. The time allotted for giving notice of appeal varies from state to state. Thereafter, the appellant will have to take time to record the record. Court reporter and circuit clerk to prepare records which may be early or late. The appellants have a certain time to file a record which cannot be extended for a certain period of time.

The time taken by the appellant to file an appeal and the filling of other paperwork is also a factor in how long it takes. If the appeal court sends the case back to the trial court, it takes more time. After all the process, it takes an average of 20 months to complete the appeal. If you're lucky your process could end in weeks. But this happens very rarely.

In a criminal case, the government cannot appeal if the appellant is found not guilty. If found guilty, the defendant can appeal. In a criminal case an appeal can be made after the verdict of the guilty in respect of punishment from both sides.

The appellant has to show that the trial court committed a legal error which affected the decision in the case. The appellant should produce a written document or brief to discuss the legal argument. In short, the appellants explain why the trial court's decision should be reversed. The appellants cite past court cases to support their claim. Appelle should submit a brief supporting the decision. They must prove that the trial court is entirely correct or that the errors of the trial court are not material.

A panel of three judges delivers the verdict. The Court of Appeal does not find additional evidence or hear witnesses; Rather, judges make their decision without additional evidence. They do this on the basis of written records of the case in the trial court, briefs presented by the parties, and possibly oral arguments.

Some cases are decided by oral briefs and most cases are decided by oral arguments. You will need lawyers experienced in criminal defense to make those arguments. Despite the appellants' best efforts, very few appeals are actually successful. But that shouldn't stop you from trying one.

What are the things you need to consider if you are charged under section 302?
Being charged with an offence, similar to the one mentioned under section 302, is a serious matter. A person facing criminal charges faces severe penalties and consequences, such as jail time, having a criminal record and loss of relationships and future job prospects, among other things.

This is why a person charged with murder should prepare himself and keep in mind some of the important things mentioned below:
While some legal matters can be handled alone, criminal arrests of any nature warrant the legal advice of a qualified criminal attorney who can protect your rights and secure the best possible outcome for your case. If you are facing criminal prosecution, a criminal defense attorney can help you understand:
  • The nature of the charges filed;
  • Any available defense;
  • What arguments can be made;

What is expected after trial or conviction?
If you have been arrested, you must know whether you are an Indian citizen or a non-citizen, you have certain rights when you have been arrested under the Constitution of India. These are as follows:
  • The arrested person has the right to inform his family member, friend or relative as provided under section 50 of CrPC.
  • The arrested person cannot be detained for more than 24 hours without being produced before a magistrate. This is done to prevent illegal and illegal arrests.
  • The arrested person has the right to a medical examination
  • Right to remain silent:
    Upon arrest, you are not required to speak or confess anything to the police. Anything you say can be taken against you and hence you have the right not to say anything in front of the police.
You have the right to have a lawyer when you are interrogated. If you are not able to afford a lawyer, a lawyer will be appointed for you by the government.

Right to be informed of fee- As per Article 22(2) of the Constitution of India as per Section-50 of CrPC, the person to be arrested must be informed of the grounds of such person's arrest. Section 50(2) of CrPC also states that such person should be informed whether the arrest has been made under bailable or non-bailable offence. Bailable offenses are those in which it is the right of the accused to get bail, whereas in the case of non-bailable offences, bail is granted as per the discretion of the court.

If you are arrested for a serious offence, you should contact a lawyer as soon as possible because a lawyer has a better understanding of what to say before the police. A lawyer will also be able to assist you in getting bail.

When an accused and his defense attorney prepare a version of defense events, a defendant must be aware of the following, including:
Attorney:
The client privilege protects any statements you make in your attorney's belief. Therefore, being honest and open to your lawyer's questions is the best way to enhance sound legal protection.
When determining the defense version of events, you and your attorney are not expressing a grandiose lie, but are using existing evidence and future evidence to interrogate your version of crimes.
The version of events is the basis for the preparation of an objective counter-argument to the allegations and evidence made by the prosecution. This defense strategy, and the version of events, can, in turn, be altered, altered, or altered during the course of the trial.

Important cases and judgments related to murder
  1. KM Nanavati v. State of Maharashtra, 1961 (AIR 1962 SC 605):
    In this case, the Supreme Court had elaborated on the law relating to provocation in India.

    This was observed by the Court:
    The test of sudden and grave provocation is whether a reasonable person, belonging to the same society as the accused, is placed in the situation in which the accused was placed so as to cause him to lose self-control.

    In certain circumstances, words and gestures may lead to a sudden and serious provocation of an accused, with the exception of his act.

    The mental background of the victim may be taken into account, his previous act to ascertain whether the latter act leads to a sudden and serious provocation to commit the offence.

    The fatal blow must be clearly traced to the effect of the obsession which is produced by a sudden and severe provocation. It should not happen after the provocation has subsided due to paucity of time, otherwise, it would give room and scope to the accused to alter the evidence.
     
  2. Muthu v. State of Tamil Nadu, (2007 ILLJ 9 MAD)
    In this case, it was held by the Supreme Court that continued harassment can deprive the power of self-control, amounting to sudden and severe provocation.
    When the person exceeds his right of personal defence: The act of private defence is said to be used, when the act is committed to protect himself from further harm. If the accused knowingly exceeds his right of private defence, he is liable to murder. If it is unintentional, the accused shall be liable to culpable homicide not amounting to murder.
    Example:
    X tries to drive Y away, not in a way that is complaining to Y. A pistol is drawn by Y, X continues to attack. After Y believes that he had no way of stopping himself from being duped by X, Y fires at X. X is not guilty of murder.
     
  3. Nathan v. State of Madras, AIR 1973 SC 665
    In this case the landlord was trying to evict the accused. Exercising the right of private defence, the accused killed the landlord. The accused had no fear of death as the deceased was not possessing any deadly weapon which could have caused injury to the victim or the death of the accused. The deceased had no intention to kill the accused, thus, the accused exceeded his right of private defence. The accused was not guilty of murder.

    The act is done by a public servant who is working to promote public justice. If the public servant does such an act which is necessary to discharge his duty as is done in good faith and he considers it to be lawful.

    Example:
    If the police officer goes to arrest a person, that person tries to run away and during that incident, if the police officer shoots the person, the police officer will not be guilty of murder.
     
  4. Dakkhi Singh Vs. State, 1955
    The appellant in this case was a constable of Railway Protection Force who, while on duty, unnecessarily killed a fireman while he was firing to nab the thief. The constable was entitled to get benefits under this section.

    Sudden Fighting and Rage: Sudden fighting occurs when the fight is unexpected or premeditated. Both the parties have no intention to kill or murder any other. The fact that which party first attacked or instigated it is not important.
     
  5. Radhai Syam & Ors vs State of Madhya Pradesh, 2018
    In this case, the appellant was furious when he came to know that his calf had come to the dead place. The appellant started abusing the deceased, when the latter tried to stop him, the appellant opened fire on the deceased. The deceased was unarmed at that time, thus, the appellant intended to kill the deceased, and hence, was held liable for the murder.

Why do you need a lawyer in matters relating to Section 302 of the Indian Penal Code?
Being charged with an offence, whether major or minor, is a serious matter. A person facing criminal charges faces severe penalties and consequences, such as jail time, having a criminal record and loss of relationships and future job prospects, among other things. While some legal cases can be handled alone, criminal arrest warrants of any nature deserve the legal advice of a qualified criminal attorney who can protect your rights and secure the best possible outcome for your case.

If you are facing criminal prosecution, a criminal lawyer can help you understand:
  • The nature of the charges filed;
  • Any available defense;
  • What arguments can be made; And
  • What is expected after trial or conviction.
It is important to have a criminal lawyer by your side to help you if charged as a heinous offense under Section 302 of the Indian Penal Code.

References:
  • https://indiankanoon.org/doc/626019/
  • http://www.legalserviceindia.com/articles/cri_m.htm
  • https://www.lawnn.com/murder-section-300-indian-penal-code/
  • https://lawsikho.com/course/certificate-criminal-litigation-trial-advocacy
  • https://www.project39a.com/landmark-judgements
  • http://lawtimesjournal.in/murder/
  • https://www.advocatekhoj.com/library/bareacts/codeofcivilprocedure/index.php?Title=Code%20of%20Civil%20Procedure,%201908
  • https://www.indiatimes.com/culture/11-most-mysterious-and-sensational-cases-of-murder-in-india-334096.html
  • https://theprint.in/report/pradyuman-thakur-murder-connecting-dots/20077/
  • https://m.economictimes.com/news/politics-and-nation/police-files-charge-sheet-in-sunanda-pushkar-death-case-in-delhi-court/articleshow/64159153.cms
  • https://www.newindianexpress.com/cities/bengaluru/2017/sep/23/friend-plotted-the-kidnap-and-killing-of-i-t-officials-son-1661452.html
  • Óbitos por Causas Externas 1996 a 2010 (in Portuguese). DATASUS. Archived from the original on 2013-01-15. Retrieved 2012-06-05.
  • Kingstone, Steve (2005-06-27). UN highlights Brazil gun crisis. BBC News. Archived from the original on 2010-03-27. Retrieved 2010-04-30.
  • Crime in India 2010 (PDF). National Crime Records Bureau. P. 24. Archived (PDF) from the original on 2012-05-13. Retrieved 2012-06-05.
  • Information on the death of the population of causes of death in the Russian Federation. Rosstat. Archived from the original on 2013-01-17. Retrieved 2011-04-03.
  • Homicidio 2010 (PDF) (in Spanish). Instituto Nacional de Medicina Legal. P. 20. Archived from the original (PDF) on 2011-10-16. Retrieved 2011-09-11.
  • Shah, Sayed Sikandar (January 1999). Homicide in Islam: Major Legal Themes. Arab Law Quarterly. Leiden: Brill Publishers. 14 (2): 159–168.
  • Doi:10.1163/026805599125826381. eISSN 1573-0255. ISSN 0268-0556. JSTOR 3382001. OCLC 535488532.

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