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SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
Noharu Ram Gond, S/o Sahdev Gond – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. This criminal appeal under Section 374(2) of the CrPC filed by the appellant herein is directed against the impugned judgment of conviction and order of sentence dated 25-6-2013 passed by the Sessions Judge, Rajnandgaon, in Sessions Trial No.39/2012, by which the appellant has been convicted under Section 302 of the IPC twice on two counts and sentenced to undergo imprisonment for life and pay fine of Rs.3,000/-, in default of payment of fine to further undergo additional rigorous imprisonment for one year.
2. Case of the prosecution, in brief, is that on 20-4-2012 at night at Village Sarauli, Police Station Manpur, District Rajnandgaon, the appellant has assaulted his wife Shobhe Bai and paramour of his wife Fattu Nareti by wooden stick by which they suffered injuries and died, and thereby committed the offence. Further case of the prosecution is that the appellant had a field in which he has sown maize and for the purpose of guarding crops in his field, he had constructed a machan ( lari) and he and his wife Shobhe Bai used to sleep in nights on the said machan for guarding his field. On 20-4-2012, the appellant and his wife both had gone to parti
It is well-settled principle that in criminal cases, if two views are possible on evidence adduced in case, one binding to guilt of accused and other is to his innocence, view which is favourable to ....
The main legal point established in the judgment is the application of Exception 1 of Section 300 of the IPC, regarding grave and sudden provocation, in determining the appellant's guilt for murder.
Culpable homicide not amounting to murder – Act of provocation and loss of self-control, must be actual and reasonable.
The appellant was entitled to the benefit of Exception 1 to Section 300 of IPC, converting his conviction under Section 302 of IPC to that of Part-I of Section 304 of IPC, considering the sustained p....
The court held that the appellant's actions constituted culpable homicide not amounting to murder under Section 304 Part II IPC due to lack of premeditation and presence of heat of passion.
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