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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Gheenuram Lekami Raut @ Gheenuram Yadav S/o Late Mitthu – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Goutam Bhaduri, J
Heard.
1. This criminal appeal preferred by the appellants under Section 374 (2) of the Code of Criminal Procedure is directed against the impugned judgment dated 06/03/2020 passed by the Additional Sessions Judge, Special Court (Naxal), Dantewada, District South Bastar Dantewada, C.G. in Sessions Trial No.235/2017 whereby the appellants have been convicted under Section 323/34 IPC (two times) and under Section 302/34 IPC and sentenced to undergo R.I. for 1 Year, R.I. for 6 months and Life Imprisonment with usual default stipulations.
2. The prosecution case, in brief, is that on 01/05/2017 the accused Gheenuram Lekami Raut @ Gheenuram Yadav (A/1) was leveling a land with help of hired tractors which originally belong to Sukhlal Yadav (PW-10) which was objected by Sukhlal Yadav (PW-10), Sobilal, the deceased and Smt. Sulo Bai (PW-4) claiming that the land belong to them. The drivers of tractor which was being used for leveling the field were threatened, due to which they stopped the work of leveling the said field. Offended by the fact that the tractors has been stopped from working, Gheenuram Lekami Raut @ Gheenuram Yadav (A/1) and Devendra Yadav (A/2) cam
The central legal point established in the judgment is the application of Exception II and IV to Section 300 of IPC in cases of sudden quarrel and heat of passion, leading to an alteration of the con....
The central legal point established in the judgment is the application of legal principles from the cases of Arjun vs. State of Chhattisgarh and Arumugam v. State to determine the categorization of t....
The main legal point established in the judgment is the application of the principles outlined in the Supreme Court judgments to evaluate the nature of the assault, the intent of the accused, and the....
An act resulting in death committed during a sudden fight in the heat of passion without premeditation or the taking of undue advantage qualifies as culpable homicide not amounting to murder, punisha....
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