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GOUTAM BHADURI, RAJANI DUBEY
Sanjay Yadav, S/o. Beeru Yadav – Appellant
Versus
State of Chhattisgarh, Through Station House Officer Of Police Station, Dist. Raipur Chhattisgarh – Respondent
JUDGMENT :
(Goutam Bhaduri, J.) :
Heard.
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 26/11/2021 passed by the 1st Additional Sessions Judge Raipur, District Raipur, C.G., in Sessions Trial No.241/19 whereby the appellant has been convicted under Section 302 of the IPC and sentenced for Life Imprisonment and was directed to pay fine of Rs.1000/- and in default of payment of fine amount to undergo R.I. for 3 months.
2. (A). The case of the prosecution, in brief, is that Paleshwar Sahu (PW- 2) runs a coffee shop near Ramkrishna Care Hospital. The deceased Jaikumar Sahu was his younger brother. On 17/07/2019 Paleshwar Sahu went to get her wife treated to one Anjali Hospital near Pachpedi Naka and while he was coming back the appellant Sanjay Yadav met him wherein he passed certain comments and stared at his wife with same gesture. After dropping his wife at home he went back to his shop. Subsequently, at about 10.00 pm Sanjay Yadav along with one friend Deepak came to his shop. Paleshwar complained about the behaviour of Sanjay Yadav about starring at his wife to Deepak. On suc
The main legal point established in the judgment is the application of Exception 4 to Section 300 of the IPC, which requires the fulfillment of specific requirements to invoke the exception, such as ....
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 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 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 central legal point established in the judgment is the application of the Fourth Exception of Section 300 IPC, considering the absence of premeditation, sudden fight, and influence of intoxicatio....
(1) Ordinarily, a witness cannot be expected to recall accurately sequence of events which take place in rapid succession or in a short time span – Presence of an injured eye-witness at the time and ....
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