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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Sumar Sai S/o Late Biran – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Per, Radhakishan Agrawal, J
1. This criminal appeal filed under Section 374(2) of the Cr.P.C. preferred by the appellant-accused herein is directed against the impugned judgment of conviction and order of sentence dated 12.02.2021 passed by the Sessions Judge, Surajpur, District – Surajpur, Chhattisgarh in Sessions Trial No.36/2019 by which appellant has been convicted for offence under Section 302 of the Indian Penal Code, 1860 and sentenced to undergo life imprisonment with fine of Rs.500/-, in default of payment of fine amount, additional rigorous imprisonment for 15 days.
2. Case of the prosecution, in nutshell, is that on 04.06.2019 at about 12:00 noon at village Mauharipara, Gauripur District Premnagar, Chhattisgarh, the appellant- Sumari Sai assaulted Samaylal (hereinafter referred to as ‘the deceased’) by iron crowbar (sabbal) by which he suffered grievous injuries and died. Further case of the prosecution is that on the date of offence, deceased- Samaylal had gone to village Gauripur to take his wife. He had also brought 3 bottles of liquor along with him and the same was consumed by him, his brother, Sumar Sai (appellant) and his sister-in-law. After consuming liq
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 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 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 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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