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RAMESH SINHA, RAVINDRA KUMAR AGRAWAL
Manijar Vishwakarma S/o Late Shri Ramswaroop Vishwakarma – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Per Ravindra Kumar Agrawal, Judge
1. Heard Mr. M.P.S. Bhatia, Advocate and Mr. Vikas Shrivastava, learned counsel for the respective appellants. Also heard Mr. Sangharsh Pandey, learned Govt. Advocate, appearing for the State/respondent.
2. Both these appeals are arising out of common crime number, common sessions trial and common judgment, therefore, both these appeals are being heard and decided together.
3. These criminal appeals have been filed by the respective appellants under Section 374(2) of the Code of Criminal Procedure, 1973 against the impugned judgment of conviction and sentence dated 12.07.2023, passed by the learned Sessions Judge, Surajpur in Sessions Case No. 78 of 2019, whereby the appellants/accused persons have been convicted under Section 302 read with Section 34 of IPC and sentenced for RI for life with fine of Rs. 500/- to each of the appellants/accused persons, in default of payment of fine 1-1 month additional RI.
4. The case of the prosecution in brief is that the complainant Jainath Singh Keram has lodged a merg intimation on 07.11.2019 at about 12:05 p.m. that on 06.11.2019 at about 6-7 p.m., the deceased Beeralal asked him to convene a panchayat
The court established that actions taken in a sudden fight without premeditation can lead to a conviction under Section 304 IPC instead of Section 302 IPC.
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.
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