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Tulshiram Balaji Pupalwad vs The State Of Maharashtra on 7 July, 2021

44. Now coming to the another citation relied upon by Mr. Choudhari, learned counsel for the appellant in case of Rampal Singh Vs. State of Uttar Pradesh (supra), the facts of the cited case and the facts of the case in hand are quite different. In the case at hand, the act committed by accused Tulshiram is done with clear intention to kill him. Certainly, it amounts to murder within the meaning of section 300 of the Indian Penal Code and punishable under section 302 of the Indian Penal Code.
Bombay High Court Cites 17 - Cited by 0 - S D Kulkarni - Full Document

Tulshiram Balaji Pupalwad vs The State Of Maharashtra on 28 June, 2021

44. Now coming to the another citation relied upon by Mr. Choudhari, learned counsel for the appellant in case of Rampal Singh Vs. State of Uttar Pradesh (supra), the facts of the cited case and the facts of the case in hand are quite different. In the case at hand, the act committed by accused Tulshiram is done with clear intention to kill him. Certainly, it amounts to murder within the meaning of section 300 of the Indian Penal Code and punishable under section 302 of the Indian Penal Code.
Bombay High Court Cites 17 - Cited by 0 - S D Kulkarni - Full Document

Kiran Raghunath Dalvi vs The State Of Maharashtra on 13 October, 2023

In the case of Rampal Singh vs. State of Uttar Pradesh (supra), the Apex Court had dealt with the distinction between culpable homicide amounting to murder and not amounting to murder. In the said case, the dispute was between the deceased and the acused who were related to each other on certain construction made by the deceased on his land. There was heated exchange of words taking place between the accused and the deceased. The deceased was throwing the accused on the ground. Both separated by others present at spot. The accused brought a rifle from his house and warned his brother standing near the deceased to keep away as he was going to fire bullet. Subsequently, on provocation of deceased, accused fired a shot hitting the deceased in the stomach, which resulted in his death. It was held that though the offence was not committed with any premeditation and intention to kill, the same was committed with intent to cause bodily injuries which could result in death of the deceased. The accused had not fired indiscriminately but took a clear aim at the deceased and thus it was not a case of knowledge simpliciter but that of intention ex-facie Page 20 of 22 13th October 2023 ::: Uploaded on - 13/10/2023 ::: Downloaded on - 14/10/2023 07:38:11 ::: CRIA-299-2018.doc and altered the conviction of accused from Section 302 of IPC to Section 304(i) of IPC.
Bombay High Court Cites 9 - Cited by 0 - P D Naik - Full Document
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