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GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Purushottam Portey S/o Ishwar Portey – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Goutam Bhaduri, J.
1. This criminal appeal preferred by the appellant under Section 374(2) of the Code of Criminal Procedure is directed against the impugned judgment dated 31.7.2021 passed by the learned Sessions Judge, Mungeli in Sessions Case No.10/2020, whereby, the appellant has been convicted for commission of offence under Section 302 of the IPC and sentenced to undergo RI for life and pay fine of Rs.2000/- , in default of payment of fine, to undergo additional RI for one year.
2. Prosecution case, in brief, is that an FIR was lodged by Shivratan Dhurve (PW-1) to the effect that the appellant/accused was married to his daughter - Mamta (deceased) 6 years back. On 14.12.2019, his daughter along with her husband (appellant) and their children had come to his place at Danavkhar. They were living a happy married life. On 16.12.2019, after having their dinner, all the family members went to sleep and the appellant, his wife and their children also went to sleep in their room. At about 11:30: PM, the father (PW-1) heard loud noise of Marpeet and screaming coming from the room of the appellant. Having heard so, he climbed over the deck of their room and saw that the accused
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 absence of a satisfactory explanation from the accused, along with consistent witness statements and incriminating evidence, can lead to a conviction. Additionally, the court applied the paramete....
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....
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 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....
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