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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Punitram Katre S/o Ramcharan Katre – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. This criminal appeal under Section 374(2) of CrPC has been preferred by the appellant herein against the impugned judgment dated 27/11/2015 passed by learned 1st Additional Sessions Judge, Baloda Bazar in Sessions Trial No. 38/2014 whereby he has been convicted for offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs. 1,000/- and in default of payment of fine, additional S.I. for six months.
2. Case of the prosecution, in a nutshell, is that on 17/04/2014 at about 8 PM, appellant, being a Driver, while driving a bus bearing registration No. CG 04 E 0679, dashed Smt. Chandrika Joshi while she was riding her scooter Pleasure bearing registration No. CG 04 CX 5883 and her son Vikas Joshi (P.W.-7) was sitting as a pillion rider and due to that, Smt. Chandrika Joshi suffered grievous injuries and died on the spot.
3. Further case of the prosecution is that appellant had developed one-sided liking for deceased Smt. Chandrika Joshi and he used to harass her as per the statements of Puran Das Joshi (P.W.-3), husband of the deceased and Yashmin Joshi (P.W.-4) and Nilofar (P.W.-5), daughters of the deceased and
The distinction between murder and culpable homicide hinges on intention and circumstances, with the court applying Exception-4 of Section 300 IPC in cases of sudden quarrel.
The court affirmed a conviction under Section 302 IPC, emphasizing reliance on eyewitness testimony and the sufficiency of direct evidence over the need for motive in murder cases.
Point of Law : Deceased and Appellant were both inebriated and the quarrel between them was sudden and heated, it cannot be reasonably said that the Appellant has acted in an unusual manner.
The main legal point established in the judgment is the importance of establishing the nature of death (homicidal or accidental) and the relevance of witness testimonies in criminal cases.
The distinction between murder and culpable homicide not amounting to murder hinges on the offender's intention, with insufficient evidence of intent leading to a reduced sentence.
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