ARGUMENTS ADVANCED

WHETHER SHANKAR HAD INTENTION OF MURDER?

It is humbly contended that the accused is not guilty for committing the offence of murder under Sec 302, IPC. Sec 302
prescribes the punishment for committing murder. In order to bring a successful conviction under this charge, however,
it is pertinent to refer to Sec 304 and 304 A, IPC which elucidates the essentials of culpable homicide.

During the heated altercation between Sham and Shankar in which Shankar had threatened sham of dire consequences.

Witness statements

Harilal claims that sham told him before death that Shankar has fired 3 shots at him.

Ram claims that he left the game in between and he heard from passerby that sham was shot by bullets.

Forensics
Autopsy confirmed death due to bullet injuries in chest and stomach.

WHETHER SHANKAR WAS UNDER PROVOCATION?

It is humbly contended that the accused at the time of murder was under grave provocation in which he deprived of the
power of self-control and thus lead to the action of Shankar resulting in death of sham. As provided under section 358 of
IPC.

WHETHER CULPABLE HOMICIDE IS MURDER UNDER PROVOCATION?

Culpable homicide is not murder if the offender whilst deprived of the power of self-control by grave and sudden
provocation causes the death of the person who gave the provocation or causes the death of any other person by
mistake or accident. As it is humbly contented in this case that the accused was deprived of his self-control due to the
statements made by sham leading him in to grave provocation.

WHETHER THE INTERVAL OF 1 HOUR SUFFICIENT TO COOL DOWN FROM PROVOCATION?

As it can be stated that the interval of 1 hour was enough to cool down from the provocation but when the accused
came back at 9:30 pm he again got in to altercation with sham and thus it lead him to commit the murderous assault on
the deceased. The offence falls within the purview of Section 304, Part II, and I.P.C.

WHETHER THE OFFENCE FALLS UNDER SECTION 302?

It is humbly contended that the offence committed by the accused did not fall under Section 302, IPC but the case is
covered by exception 1 to section 300 which clearly states that Culpable homicide is not murder if the offender whilst
deprived of the power of self-control by grave and sudden provocation causes the death of the person who gave the
provocation or causes the death of any other person by mistake or accident. Thus it falls under Section 304, part II, and
I.P.C.