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RAMESH SINHA, RAVINDRA KUMAR AGRAWAL
Shatrughan Ram @ Shatrughan Ram Korva, S/o Shri Gulma Ram Korva – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Ramesh Sinha, J.
1. This criminal appeal filed by the appellant-accused under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 19.05.2023 passed by the learned Sessions Judge, Jashpur, District – Jashpur (C.G.) in Sessions Trial No.11/2022, whereby the appellant-accused has been convicted for offence under Section 302 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.100/-, in default of payment of fine, to further undergo additional rigorous imprisonment for 2 months.
2. Case of the prosecution, in brief, is that on 05.11.2021, complainant Indarmani Bai (PW-2) has lodged report against the appellant stating that the accused is her Nephew (Sasur Beta), he came their house on 04.11.2021 at about 5.00 pm and started quarrel with her husband due to their family partition meanwhile he assaulted to her husband namely Rukam Sai Korva by stick and the victim received injuries upon his head, after calling 112, victim was sent to Primary Health Centre, Sanna for his treatment, wherein, MLC was conducted by Dr. Sunil Kumar (PW-7) vide Ex.P-18 who found following injuries over the body of injured/victi
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 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 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 modified conviction from murder to culpable homicide under Section 304 IPC, establishing that the incident arose from sudden provocation and was not premeditated.
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