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SANJAY K. AGRAWAL, SANJAY S. AGRAWAL
Krishna Pandey, Son of Ram Vilas Pandey – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J
(1) These two criminal appeals filed under Section 374(2) of Cr.P.C., by two appellants herein, namely, Krishna Pandey (A-1) and Asha Bhoyar (A-2), are directed against a common impugned judgment of conviction and order of sentence dated 29.03.2016, passed by the Sessions Judge, Bastar in Sessions Trial No.04 of 2016, whereby they have been convicted for offence under Section 302 read with Section 34 of IPC and sentenced to undergo imprisonment for life.
(2) The case of the prosecution, in short, is that on 11.09.2015, at about 07:00 AM, at Village Jaitgiri, Sukugudapara within the ambit of Outpost- Bakawand, Police Station Nagarnar, at the house of Asha Bhoyar (A-2), the two accused-appellants herein firstly shared common intention and, in furtherance thereof, Krishna Pandey (A-1) poured kerosene oil on the body of his wife, namely, Nirmala Pandey and Asha Bhoyar (A-2) lit the match-stick and set her ablaze, due to which Nirmala Pandey suffered burn injuries to the extent of 98% and died on 13.09.2015 during the course of her treatment at Maharani Hospital, Jagdalpur and, thereby, the appellants are said to have committed offence under Section 302 read
The main legal point established in the judgment is the application of Exception 4 to Section 300 of IPC, leading to the alteration of the appellants' conviction and their release from jail.
The main legal point established in the judgment is the application of legal principles from relevant cases to determine the nature of the offence and the appropriate conviction and sentencing for th....
The court established that sudden provocation and lack of premeditation can allow conviction under Section 304 Part II IPC instead of Section 302 IPC.
The main legal point established in the judgment is the application of Exception 4 to Section 300 of IPC, considering the absence of premeditation and the sudden outburst leading to the death, leadin....
The dying declaration and complaint were considered credible evidence, and the absence of a doctor's endorsement on the dying declaration was not considered significant. The court applied Section 106....
The court upheld the conviction for murder under Section 302 IPC, affirming that the evidence established the appellant's guilt beyond a reasonable doubt despite claims of accidental death.
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