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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Khirod Seth S/o Bhagirathi Seth – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
SANJAY K. AGRAWAL, J.
1. Since common question of fact and law is involved in both of these appeals, therefore, they have been clubbed together, heard together and are being decided by this common judgment.
2. Criminal Appeal No. 1183/2014 has been preferred by appellant Khirod Seth (A-1) and Criminal Appeal No. 937/2021 has been preferred by appellant Bhagirathi Seth (A-2) against the impugned judgment dated 25/09/2014 passed by learned Sessions Judge, Mahasamund in Sessions Trial No. 57/2013 whereby they have been convicted for offence punishable under Section 302/34 of IPC and have been sentenced to undergo life imprisonment with fine of Rs. 1000/- each and in default of payment of fine, additional R.I. for 1 month.
3. Case of the prosecution, in brief, is that on 04/03/2013 at about 8 PM, the appellants herein, in furtherance of their common intention assaulted Dinesh with stone and hands and fists due to which he suffered grievous injuries and died and they, thereby, committed the aforesaid offence.
4. Further case of the prosecution is that on 04/03/2013 at about 09:50 PM, Dasrathi Seth (PW-1) lodged a report at the Police Station that appellant Khirod Seth (A-1) had se
Culpable homicide not amounting to murder – Act of provocation and loss of self-control, must be actual and reasonable.
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.
The main legal point established in the judgment is the application of Exception 1 to Section 300 of the IPC, specifically the concept of sustained provocation, and its impact on the appellant's conv....
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 main legal point established in the judgment is the application of legal principles to determine the appropriate offense based on the nature of injuries and intention.
The main legal point established in the judgment is the application of the exceptions under Section 300 IPC, particularly in cases involving sudden quarrel and loss of self-control, and the need to e....
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