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Offense to be prosecuted u/s 304 of IPC and not 302, IPC: Orrisa HC disposes of Jail Criminal Appeal


The Court orated that this is not a case of culpable homicide amounting to murder rather, it is an offense of culpable homicide not amounting to murder punishable under Section 304, Part-I of the Penal Code. The act was carried in the heat of the moment and the convict had not planned it before.

The present case is of sororicide (the killing of one’s sister). The convict-appellant was convicted for committing murder of his sister, ‘the deceased’, under Section 302 of the Penal Code and sentenced to undergo imprisonment for life by the Sessions Judge, Mayurbhanj in 2006.

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