Case Analysis On Devilal Vs. State Of Madhya Pradesh

Arsh Mishra, Kalinga University, Naya, Raipur

Devilal Vs. State of Madhya Pradesh : Criminal Appeal No. 989 of 2007 INTRODUCTION:

Something will never change specially country like India, Untouchability the major concern for the society, untouchability is something that has always been practice in india from the past till present. Action was taken, the constitution of India has banned untouchability but it is still practice in India in both rural and urban areas. Now in this case, a murder took place and reason behind this was a caste quarrel. Killing a person without any reason is murder the intention should be mala fide in nature. According to section 300 of Indian penal code says that if the death is caused with the intention of causing death than its not a culpable homicide but its a murder and according to section 302 of Indian penal code says that if anyone who had committed murder shall be punished with death or life imprisonment and shall be liable to fine.

Now in this the victim ganeshram was murdered by devilal along with his two son Gokul and Amrat ram. An FIR was registered by victim Ganeshram on 19TH july 1998. In that he stated that while returning to his home devilal along with his two son Gokul and Amrat ram armed with weapons, devilal with kulhari, gokul with sword and Amrat ram with lalthi. Devilal also abused him calling Chamar and they had a fight where he got serious injury, with the help of his family he reached police station where he lodged an FIR. And from there he was taken to hospital where he eventually died.

After checking all the evidence, lodged FIR and statement from eyewitness the trail court convicted the accused of life imprisonment and fine.