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SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
Ram Singh Rathiya, Son of Shri Rangaram Rathiya – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J
This criminal appeal filed by the accused-appellants under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 02.08.2013, passed by the Court of learned Additional Sessions Judge (FTC), Raigarh, District Raigarh (C.G.) in S.T. No.153/2012 (State of CG vs. Ram Singh Rathiya & another), whereby both the appellants-accused have been convicted for offence: under Section 302 of IPC and sentenced to undergo rigorous life imprisonment with fine of Rs.10,000/- and, in default of fine, additional rigorous imprisonment for 01 year and also under Section 201 of IPC and sentenced to undergo rigorous imprisonment for 05 years with fine of Rs.5,000/- and, in default of fine, additional rigorous imprisonment for 06 months.
2. The case of the prosecution, in brief, is that between 08:00 PM of 10.07.2012 till 10:00 AM of 11.07.2012, at Village Nawapara (Tenda) within the ambit of Police Station Gharghoda, District Raigarh (CG), the accused-appellants in further of their common object and intention assaulted deceased- Ramdev Rathiya and his wife- Kamla Rathiya by means of ‘lathi’ and caused their death and, furth
Merely because motive is established, solely on that basis accused cannot be convicted under Section 302 of IPC.
The court modified the conviction from murder under Section 302 IPC to manslaughter under Section 304 Part II IPC, emphasizing lack of premeditation and specific intent due to sudden provocation.
There is no legal impediment for convicting a person on sole testimony of eye-witness, but if there is doubt about testimony, Court will insist on corroboration.
The main legal point established in the judgment is that in cases based on circumstantial evidence, the prosecution must prove the guilt of the accused beyond reasonable doubt, and the evidence prese....
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