Back
IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
GOUTAM BHADURI, RADHAKISHAN AGRAWAL, JJ.
Taruwar @ Tarun Sahu, S/o. Late Khuman Sahu - Appellant
Versus
State of Chhattisgarh through P.S. Chhura, District-Gariyaband, Chhattisgarh - Respondent
CRA No. 1246 of 2021
Decided On : 29-04-2024
IPC - Conviction and Sentencing - ss 449, 307, 302 - Summary of Acts and Sections
Fact of the Case:
The appellant was convicted for the offences under ss 449, 307, and 302 of the Indian Penal Code (IPC) for inflicting knife injuries to his wife, mother-in-law, father-in-law, and daughter, resulting in the death of his wife.
Finding of the Court:
The court found that the appellant's actions did not qualify as a sudden provocation under Exception 1 to Section 300 IPC, as the deceased did not provoke the appellant and the appellant's actions were premeditated and not a result of sudden loss of self-control.
Issues: The main issue was whether the appellant's actions constituted a sudden provocation under Exception 1 to Section 300 IPC, mitigating the offence from murder to culpable homicide not amounting to murder.
Ratio Decidendi: The court held that the appellant's anger and motive for revenge did not qualify as a sudden provocation, as the deceased did not provoke the appellant and the appellant's actions were premeditated.
Final Decision: The court upheld the judgment of conviction and order of sentence, dismissing the appeal.
JUDGMENT :
Goutam Bhaduri, J.
1. The present appeal is against the judgment of conviction and order of sentenced dated 29.09.2021 passed by the Additional Sessions Judge, Gariyaband, Chhattisgarh in Sessions Case No. 19 of 2016 whereby the appellant has been convicted for the offence punishable u/ss 449, 307, 307, 307 & 302 of IPC and sentenced as under.
| Conviction | Sentence |
| u/s 449 of IPC | R.I. for 7 years and fine of Rs.1000/-, in default of payment of fine, one year Additional R.I. |
| u/s 307 of IPC | RI for 7 years and fine of Rs.1000/-, in default of payment of fine, one year Additional R.I. |
| u/s 307 of IPC | R.I., for 7 years and fine of Rs.1000/- in default of payment of fine, one year additional R.I. |
| u/s 307 of IPC | R.I., for 7 years and fine of Rs.1000/-, in default of payment of fine, one year additional R.I. |
| u/s 302 of IPC | Life imprisonment and fine of Rs.1000/-, in default of payment of fine, one year additional R.I. |
|
| All the sentences were directed to run concurrently |
2. The prosecution case in brief is that on 21.12.2015, the Station House Officer of Police Station Chura had received information through mobile phone that accused Tarun Sahu had gone to his in laws-place Boergaon village, P.S. Chura, District Gariyabandand and inflicted knife injuries to his wife, mother-in-law, father-in-law and daughter and the victims have been brought to Chura Hospital for treatment. On receipt of such information, the SHO reached to Primary Health center Chura wherein one of injured Parmanand Sahu (complainant) informed that his son-in-law the present appellant came on his motorcycle at about 7 a.m., and while talking with his wife Khemin Bai, all of a sudden, stabbed her four times in chest. When the wife of the complainant Kunwar Bai tried to intervene, in such process, Kunwar Bai was also assaulted on her abdomen and the complaint was also assaulted on his on his leg. The daughter of accused Ku. Aradhya was also hit by knife on her left thigh. Subsequently one of injured Khemin Bai, wife of accused, succumbed to injuries. On the basis of information given by complainant Parmanand, Dehati Nalishi (Ex.P-12) was recorded. The merg intimation (Ex.P-24) was registered regarding death of Khemin Bai.. Consequently the FIR came to be registered for the offence u/s 302 & 307 of IPC vide Ex.P-27.
3. The accused was arrested and on his memorandum the weapon used in commission of offence i.e., Knife was seized. The Tahsildar Chura was authorized to record the dying declaration of Parmanand thereby the statement was recorded by Ex.P-13. Thereafter, the police collected blood contained soil from the spot and seizure was made. The blood stained clothes of deceased Khemin Bai i.e., Petty-coat and Nighty was also seized by Ex.P-15 and on the basis of memorandum, the blood stained T-Shirt of accused and the knife were also recovered. The blood stained clothes of injured Parmanand and Kunwar Bai were also seized and since Parmanand and Kuwar Bai were admitted in hospital, necessary medical documents of treatment were also seized. The seized articles were sent for FSL. The statements were recorded and the charge sheet was filed. In the meanwhile, during trial, the FSL report was produced which was positive in favour of prosecution.
4. The appellant abjured the guilt during the trial and claimed to be tried. The prosecution on its behalf examined as many as 18 witnesses and exhibited 35 documents. The accused on his behalf insisted for DNA report for the presence of blood stains on the knife to match with blood stains on clothes of the injured and deceased. The same was also produced by the prosecution. Subsequently on the basis of statement of the witnesses and after evaluating the evidence, the learned trial Court has convicted and sentenced the accused as aforesaid. Hence, this appeal.
5. Learned counsel for the appellant would submit as follows :
The main legal point established is that the appellant's actions did not qualify as a sudden provocation under Exception 1 to Section 300 IPC, as the deceased did not provoke the appellant and the ap....
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 court established that a homicide can be classified as culpable homicide not amounting to murder if committed under grave and sudden provocation, emphasizing the importance of context and the acc....
The court affirmed that the appellant's actions constituted murder under Section 302 IPC, rejecting claims of provocation.
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 court established that circumstantial evidence must form a complete chain to prove guilt, and the appellant's actions were mitigated by grave and sudden provocation, reducing the charge from murd....
The court ruled that the appellant's actions were provoked by the victim's threats, justifying a conviction under Section 304 IPC instead of Section 302 IPC.
Point of the court : merely on the basis of the single injury, the Court would not convert the case of Section 302 of IPC into Section 304 Part II of IPC. Nature of offence would certainly depend upo....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
