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RAJANI DUBEY, SANJAY KUMAR JAISWAL
Goverdhan Sahu S/o Shri Santuram Sahu – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Per Sanjay Kumar Jaiswal, 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 20.03.2020, passed by learned Sessions Judge, Bemetara, District - Bemetara (C.G.) in Sessions Trial No. 50/2019, whereby the appellant-accused has been convicted for offence under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.100/- and, in default of payment of fine, to further undergo additional imprisonment for three month.
(2) The case of the prosecution, in brief, is that on 14.08.2019 at about 07:00 am, the appellant assaulted his wife Reena Bai Sahu (now deceased) by means of wooden stick, by which she suffered grievous injuries and died, thereby, committed the offence under Section 302 of IPC.
(3) The further case of the prosecution, in a nutshell, is that the accused/appellant used to assault his wife Reena Bai (deceased) suspecting that she had done black magic on him. He admitted to his father-in-law, Ramkumar Sahu (PW-8) on 11.08.2019. After that on 14.08.2019 at 07:35 am, Chandrabhushan Sahu from village Chilphi called Ramkumar (PW-8
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 ruled 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 ruled that a sudden fight resulting in death, without premeditation or undue advantage, constitutes a conviction under Section 304 Part-II IPC instead of Section 302 IPC.
The judgment established the distinction between murder and culpable homicide, and the factors to be considered for awarding appropriate sentence under IPC 302 or IPC 304 Part-II.
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.
The appellate court modified the conviction from Section 302 to Section 304 IPC, recognizing the absence of premeditation and intention to kill during a sudden altercation influenced by the accused's....
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