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RAMESH SINHA, RAVINDRA KUMAR AGRAWAL
Pramod Nayak Son of Mahettar Nayak – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Ramesh Sinha, J.
1. The appellant has preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short, the Cr.P.C.) questioning the impugned judgment dated 21.12.2021 passed by the learned First Additional Sessions Judge, Sakti, District Janjgir Champa, in Sessions Trial No. 01/2018, whereby the appellant has been convicted and sentenced as under:
| Conviction Under Section | Sentence | Fine | In default of payment of fine |
| 450 IPC | Rigorous imprisonment (for short, R.I.) for 5 years | Rs. 1000/- | Additional R.I. for 6 months |
| 307 IPC (two times) | R.I. for 5 years | Rs. 1000/- | Additional R.I. for 6 months. |
| 302 IPC | R.I. for life | Rs. 1000/- | Additional R.I. for 6 months. |
2. Case of the prosecution, in short, is that on 25.09.2017, at 1:30 p.m. Tihari Bai (hereinafter referred to as 'the deceased'), Rambai (PW-4) (hereinafter referred to as 'the complainant'), Lokabai (PW-1) and Sonibai (PW-7) were having their lunch at their home. At that time, the accused/appellant entered their house, bolted the door from inside and when
The main legal point established in the judgment is the application of Exception 4 to Section 300 of the IPC and the conversion of the appellant's conviction from Section 302 to Section 304 Part-I of....
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.
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