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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, C.J., RAVINDRA KUMAR AGRAWAL, J.
Manijar Vishwakarma S/o Late Shri Ramswaroop Vishwakarma - Appellant
Versus
State Of Chhattisgarh – Respondents
CRA No. 1690 of 2023, CRA No. 129 of 2024
Decided on : 04-07-2024
Indian Penal Code, 1860 - Sections 302 and 304 - Criminal Procedure Code, 1973 - Section 374(2) - Conviction for murder - Appellants convicted under Section 302 IPC and sentenced to life imprisonment - Court found that the death was caused by head injury leading to massive intracranial bleeding - The appellants' actions were deemed to fall under Exception 4 of Section 300 IPC, leading to a reduction of conviction to Section 304 Part-I IPC with a sentence of 7 years - The court emphasized the need for justice and consideration of the circumstances surrounding the incident. (Paras 30, 32)
Facts of the case:
The appellants were involved in a physical altercation resulting in the death of Beeralal, who was assaulted with a wooden log and fists. The incident occurred during a dispute over property partition.
Findings of Court:
The trial court's conviction was based on eyewitness testimonies and medical evidence confirming the cause of death.
Issues: The main issues were whether the death was homicidal and whether the appellants' actions constituted murder or culpable homicide not amounting to murder.
Ratio Decidendi: The court ruled that the appellants acted in a sudden fight without premeditation, satisfying the criteria for Exception 4 of Section 300 IPC.
Result: Conviction altered to Section 304 Part-I IPC with a sentence of 7 years.
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 meeting in the village with respect to the dispute of partition of the property with his nephew Manijar. When Manijar came to know that the deceased is calling a panchayat meeting for partition dispute, he went near the house of the deceased, started hurling abuses and with his intervention they pacified. On 07.11.2019 at about 7.30 a.m. he along with Kaushalendra and Shivbalak were sitting in the house of the deceased, but Manijar and others had not come there, and they went to their own houses. About 8:00 a.m. he heard the noise of ^^cpkvks& cpkvks^^ and when he reached the place from where the noise was coming, he saw that the son of the deceased namely Indrakumar was caught hold by Narad and Pintu, and Manijar was assaulting the deceased by Danda. In order to save himself the deceased pushed Manijar by which he fell down, and then Narad and Pintu left the son of the deceased, namely Indrakumar and started assaulting by hand fists and kicks to the deceased. He, Indrakumar and Dhanmet Bai intervened in the incident and when he made a telephonic call to the police, they fled away. The deceased Beeralal was taken to the hospital, where PW-3 Dr. Mahamaya Pratap has medically examined him and gave his report vide Exhibit P/5. While examining the deceased, the doctor has found the following injuries:
O/E - Swelling and tenderness present over right side of temporo-parietal reg. of head (5x3 cm)
A/w present over left side fore head (1x1 cm)
A/w present over Rt. Side of chest (1x1 cm)
CNS = Unconscious, dull.
GC = V. poor.
Opinion:- Patient condition is very critical. Refer to Higher Centre Ambikapur for further Managements.”
5. Looking to the critical condition of the deceased, he was referred to Higher Center, Ambikapur, for further management, but he succumbed to his injuries on the same day at 11.37 a.m. and the information about his death was sent from the hospital to the Police Station, Surajpur vide Exhibit P/6.
6. Based on the merg intimation (Exhibit P/12), the FIR (Exhibit P/14) was registered against the appellants/accused persons for the offence under Section 302, 34 of IPC. The inquest of the dead body of the deceased was prepared in presence of the witnesses vide Exhibit P/8, and the dead body was sent for its post-mortem to District Hospital, Surajpur, where PW-8 Dr. Priyank Patel conducted the post-mortem of the dead body and gave his report (Exhibit P/17). While conducting post-mortem, the doctor has found the following external injuries on his body:
1. Swelling in head on both parietal area (diffuse).
2. Multiple abrasion over face approx 1x1 cm in length.
3. Abrasion over right side of chest 5x1 cm.
4. Abrasion over left knee joint 2x2 cm.
No other external injury seen on examinat
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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