A North Kolkata resident says the coronavirus pandemic was a blessing in disguise for him.Richard Sujit Gomes, a resident of Dum Dum Cantonment inthe northern fringes of Kolkata considers it his “good fortune” that the viral disease put a stop to his trip to war-ravaged Afghanistan.
It is “often difficult” to distinguish between murder and culpable homicide as both involve death but there is subtle distinction of intention and knowledge in both the crimes, the Supreme Court said on Wednesday.
The apex court made the observation while altering the conviction of a man, who was earlier held guilty for murdering a sub-inspector in Madhya Pradesh, to the offence of culpable homicide not amounting to murder.
A bench of justices K M Joseph and S Ravindra Bhat modified the sentence awarded to the convict from life imprisonment to 10-year jail term.
“The question of whether in a given case, a homicide is murder, punishable under section 302 IPC (Indian Penal Code), or culpable homicide, of either description, punishable under section 304 IPC (punishment for culpable homicide not amounting to murder) has engaged the attention of courts in this country for over one and a half century, since the enactment of the IPC; a welter of case law, on this aspect exists, including perhaps several hundred rulings by this court,” the bench said in its verdict.
The top court was dealing with a petition filed by one Mohd Rafiq, who had challenged the verdict of the Madhya Pradesh High Court which had confirmed his conviction and life sentence imposed on him for the offence of murder.
In its verdict, the apex court noted that use of term ‘likely’ in several places in respect of culpable homicide highlights the “element of uncertainty” that the act of accused may or may not have killed the person. (PTI)