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SANJAY K. AGRAWAL, SANJAY K. AGRAWAL
Bhavsingh Nishad, S/o Shri Makhan Nishad – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. This criminal appeal preferred by the sole appellant herein under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dated 28-7-2018 passed by the Additional Sessions Judge (FTC), North Bastar Kanker in Sessions Trial No.90/2016, by which the appellant has been convicted and sentenced as under with a direction to run both the sentences concurrently: -
| Conviction | Sentence |
| Section 342 of the IPC | Rigorous imprisonment for one year & fine of Rs.500/-, in default, additional imprisonment for one month |
| Section 302 of the IPC | Imprisonment for life & fine of Rs.1,000/-, in default, additional imprisonment for six months |
2. Case of the prosecution, in short, is that on 7-9-2016 at 8 p.m., at Village Mohpur, Police Station Kanker, the appellant wrongly confined his wife Smt. Manbha Bai in the house of Nammuram – her father, and poured kerosene oil on her body and enlightened matchstick by which she suffered burn injuries to the extent of 75-80%. Smt. Manbha Bai was admitted to the hospital where her dying declaration was recorded vide Ex.P-17 proved by Yogendra Verma (PW-15) – Exe
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 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 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....
Point of Law : Crimes against women are not ordinary crimes committed in a fit of anger or for property. They are social crimes. They disrupt the entire social fabric. Hence, they call for harsh puni....
The court clarified that actions under intoxication leading to death may constitute culpable homicide not amounting to murder, not murder itself.
The court confirmed that a dying declaration can be the sole basis for conviction if found credible, and the intentional act of setting a spouse ablaze constitutes murder, not mere culpable homicide.
Unintentional homicide will not come under Section 302 of IPC.
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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