Back
SANJAY K. AGRAWAL, AMITENDRA KISHORE PRASAD
Deepak, S/o. Jhithuram Lahre – Appellant
Versus
State of Chhattisgarh, Through Station House Officer, Police Station Nawagarh, Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. Assailing legality, validity and correctness of the judgment of conviction and order of sentence dated 14-6-2019 passed by the Sessions Judge, Janjgir-Champa in Sessions Trial No.78/2018, the appellant herein namely, Deepak (A-1) has preferred this appeal under Section 374(2) of the CrPC, by which he has been convicted for offence under Section 302 of the IPC and sentenced to undergo imprisonment for life & pay fine of Rs.5,000/-, in default of payment of fine to further undergo additional rigorous imprisonment for six months, whereas, co-accused persons – Ghasiram (A-2), Ramkhilawan @ Guduwa (A-3) & Puniram Banjare (A-4) have been acquitted of the said charge.
2. Case of the prosecution, in short, is that on 29-7-2018 at about 8:45 a.m., at Village Kera, Main Road, Police Station Nawagarh, District Janjgir-Champa, the appellant herein while driving the Bolero vehicle bearing registration No.CG-12/AJ-1665 rashly and negligently, dashed the boundary wall of the house of Sanju Jangde (PW-1) and also dashed Shiva Banjare (since deceased) from backside by which he sustained grievous injuries and thereafter died during the course of treatment, and thereb
The court determined that the death was accidental, altering the conviction from murder under Section 302 to negligent driving under Section 304A.
The main legal point established in the judgment is the requirement for the prosecution to prove motive and the reliability of witness testimony in criminal cases.
Once prosecution has brought home evidence of presence of accused at scene of crime, then onus stood shifted on defence to have brought-forth suggestions as to what could have brought them to spot in....
The conviction under Sections 302 and 201 IPC was upheld based on extrajudicial confessions and established motive for financial gain through insurance proceeds, indicating a premeditated murder rath....
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....
Conviction upheld under Section 304 Part-II IPC based on credible eyewitness testimony despite minor contradictions; intention to murder not established.
Grave and sudden provocation can reduce murder charges to culpable homicide under IPC, provided it meets specific parameters for loss of self-control.
The main legal point established in the judgment is the requirement to prove the constitution of an unlawful assembly and the applicability of vicarious liability under Section 149 of IPC.
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
