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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Raju @ Harnarayan S/o Late Santu Yadav – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J
1. This criminal appeal under Section 374(2) of the CrPC preferred by the appellant-accused is directed against the impugned judgment of conviction and order of sentence dated 10.03.2014 passed by the learned Sessions Judge, Durg, District Durg, in Sessions Trial No.218/2013 by which appellant has been convicted for offence under Section 302 of the IPC and sentenced to undergo imprisonment for life and fine of ? 4000/-; in default of payment of fine additional rigorous imprisonment for four months.
2. Case of the prosecution, in short, is that on 30.06.2013 at about 11:00 pm at Rawanbhatha, Supela, Police Station Supela, District Durg, appellant poured kerosene oil on body of his sister-in-law – Jyoti Yadav and set her ablaze by which she suffered burn injury and on 06.07.2013 during treatment, she succumbed to death and thereby committed the offence.
3. Further case of the prosecution is that the deceased – Jyoti Yadav used to stay with her husband – Ratan Yadav (PW-3) and at the same place appellant herein along with her grand-mother – Sukhiya Bai used to stay. It is also the case of the prosecution that on the fateful day in the night at about 11:00 p
The court established that sudden provocation and lack of premeditation can allow conviction under Section 304 Part II IPC instead of Section 302 IPC.
The main legal point established in the judgment is the application of Exception 4 to Section 300 of IPC, leading to the alteration of the appellants' conviction and their release from jail.
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 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....
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