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SANJAY K. AGRAWAL, SANJAY S. AGRAWAL
Bishnu Yadav, S/o Late Shri Phattelal Yadav – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. Invoking criminal appellate jurisdiction of this Court, the present criminal appeal under Section 374 (2) of CrPC has been filed by the appellant herein calling in question the legality, validity and correctness of the judgment of conviction and order of sentence dated 10.3.2016 passed by Special/Additional Sessions Judge, Raipur in Sessions Case No.130/2014 whereby the appellant has been convicted and sentenced in the following manner :-
| Conviction | Sentence |
| 1. U/s 302 (2-Times) of IPC | Imprisonment for Life and fine of Rs.1000/- and in default of payment of fine, to undergo additional R.I. for 2 months, on each count. |
| 2. U/s 307 (2-Times) of IPC | R.I. for 7 years and fine of Rs.1000/- and in default of payment of fine, to undergo additional R.I. for 2 months, on each count. |
| 3. U/s 309 of IPC | S.I. for 3 months and fine of Rs.200/- and in default of payment of fine, to undergo additional S.I. for 7 days. |
| All sentences have been directed to run concurrently | |
2. Brief facts of the case as projected by the prosec
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....
Culpable homicide not amounting to murder – Act of provocation and loss of self-control, must be actual and reasonable.
The court established that a homicide can be classified as culpable homicide not amounting to murder if committed under grave and sudden provocation, emphasizing the importance of context and the acc....
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 court ruled that the appellant's actions were provoked by the victim's threats, justifying a conviction under Section 304 IPC instead of Section 302 IPC.
The court ruled that actions taken under grave and sudden provocation can lead to a conviction for culpable homicide not amounting to murder, distinguishing it from murder under Section 302 IPC.
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