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SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
Itwaru Ram, S/o Bahadur – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. This criminal appeal under Section 374(2) of the CrPC is directed against the impugned judgment of conviction recorded and sentence awarded by the learned Sessions Judge by which the appellant has been convicted for offence under Section 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs. 1,000/-, in default, to further undergo additional simple imprisonment for two months.
2. Case of the prosecution, in brief, is that on 1-2-2012 at 11.30 p.m. at Village Banskund, in the house of Sahdev, the appellant assaulted deceased Prem Singh by axe by which he suffered injuries and died instantaneously. Further case of the prosecution is that on the date of incident, birthday party of Kumari Kunti Teta (PW-4) was organised in which Satish Kumar Vishwakarma (PW-1), deceased Prem Singh & appellant Itwaru Ram, all participated and since appellant Itwaru Ram was under the influence of liquor, some altercation took place and Prem Singh slapped him and thereafter, in the late night at 11.30 p.m., when Prem Singh was sleeping in separate part along with Haresh (PW-2), then the appellant armed with axe came and assaulted Prem Singh on hi
The court altered the conviction from murder under Section 302 to culpable homicide under Section 304 Part-II, emphasizing the absence of premeditation and the nature of the incident as a sudden figh....
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.
The main legal point established is the requirement to prove the meeting of minds and fusion of ideas among the accused for the application of Section 34 of IPC, and the consideration of the nature o....
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