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RAJANI DUBEY, SANJAY KUMAR JAISWAL
Sanat Kumar Patwa, son of late Murari Lal Patwa – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay Kumar Jaiswal, J.
1. Invoking jurisdiction of this Court under Section 374(2) of the Code of Criminal Procedure, 1973 the Appellant herein has preferred this criminal appeal calling in question legality, validity and correctness of the judgment of conviction and order of sentence dated 31.1.2020 passed by the Additional Sessions Judge (FTC), Baikunthpur at Korea, Chhattisgarh in Sessions Case No.10 of 2019 by which he has been convicted and sentenced as under:
| Conviction | Sentence |
| Under Section 302 of the Indian Penal Code | Life imprisonment and fine of Rs.5000, in default of payment of fine, additional imprisonment for 6 months |
| Under Section 307 of the Indian Penal Code | Rigorous imprisonment for 10 years and fine of Rs.5,000, in default of payment of fine, additional imprisonment for 6 months |
2. According to the case of prosecution, the Appellant and injured are husband wife. Deceased Hansi Bai was mother-in-law of the Appellant. They were living separately. Injured wife was living at her maternal house with her child and other family members at Adarsh Chowk, Patna. The Appellant was residing at Village Jhilmili, Bhaiyathan.
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 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 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 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....
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.
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