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HIGH COURT OF CHHATTISGARH AT BILASPUR
Mr. Ramesh Sinha, CJ
Shailendra Lakda S/o Saidas Lakda – Appellant
Versus
State of Chhattisgarh Through Reserve Police Tapkara, Police Station Tapkara – Respondent
Order :
(Ramesh Sinha, CJ.)
1. Though, today the present appeal has been listed for hearing on I.A. No.1 of 2022, which is an application for suspension of sentence and grant of bail, but with the consent of learned counsel for the parties and considering the period of detention of the appellant, the appeal is heard finally.
2. Accordingly, I.A. No.01 of 2022 stands disposed of.
3. This appeal is directed against the judgment of conviction and order of sentence dated 08.09.2022 passed by the First Additional Sessions Judge, Kunkuri, Jashpur, District – Jashpur (C.G.) in Sessions Case No.07/2021 (Crime No.114/2020, P./S. Tapkara, District- Jashpur) whereby the trial Court after holding the appellant guilty for the offence punishable under Section 304 Part-II of the Indian Penal Code sentenced him to undergo rigorous imprisonment for 07 years and to pay a fine of Rs.1,000/-, in default of payment of fine to further undergo simple imprisonment for 01 year.
4. The judgment of conviction and order of sentence is challenged on the ground that the prosecution has not proved the charge against the appellant and has failed to prove the fact that the accused has assaulted the deceased and caused
The court affirmed the conviction under Section 304 Part-II of IPC while reducing the sentence from 7 years to 5 years due to the impulsive nature of the act and the appellant's prior detention.
The court established that the conviction for culpable homicide not amounting to murder is justified when intent to kill is not proven, relying on witness credibility and evidential discrepancies.
Conviction modified to Section 304 A IPC as prosecution failed to prove that the accused acted with intent or knowledge to cause death; incident deemed accidental.
Conviction requires reliable evidence and knowledge of victim's medical condition; lacking such knowledge limits liability to lesser offenses.
The judgment established that culpable homicide can be classified as not amounting to murder when committed in the heat of passion during a sudden quarrel, without premeditation, as outlined in Excep....
Suspension of sentence is only granted in exceptional circumstances, particularly when the conviction may not be sustainable, which was not established in this case.
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