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HIGH COURT OF CHHATTISGARH
Ramesh Sinha, Ravindra Kumar Agrawal
Sukwariya Bai W/o Devnarayan – Appellant
Versus
State Of Chhattisgarh – Respondent
Judgment :
(Ramesh Sinha, CJ.)
1. This criminal appeal under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dated 27.07.2018 passed by the learned Second Additional Sessions Judge, Manendragarh, District- Korea (C.G.) in Sessions Trial No.104/2014, by which the appellant herein has been convicted for offence under Section 302 of the IPC and sentenced to undergo Imprisonment for life and fine of Rs.1000/-, in default of payment of fine, to further undergo S.I. for 03 months and under Section 326 of the IPC and sentenced to undergo Rigorous Imprisonment for 03 years and fine of Rs.1000/-, in default of payment of fine, to further undergo S.I. for 03 months.
2. Case of the prosecution, in brief, is that on the date of incident i.e. 19/05/2014, the complainant Devnarayan Gond (PW-2) had gone to the house of Gajrup Singh Gond of the village to work in a marriage function. His mother Kamla Bai, father Thakur Prasad, sons Lallu Prasad and Shiv Prasad, daughter Rajkumari and his wife Sukavariya (accused) were in the house. Then Lallu Prasad (PW-7) and Raghu (PW-5) came to Gajrup Singh Gond's house and informed the complainant that Kaml
The court affirmed that child witness testimony can be reliable and sufficient for conviction if evaluated carefully, alongside corroborating evidence.
The main legal point established in the judgment is that the appellants had a common intention to murder the victim, and their actions did not fall within the exception for culpable homicide not amou....
The judgment emphasizes the importance of scrutinizing the evidence provided by interested witnesses, establishing motive, and the need for corroborative evidence in criminal cases.
The testimony of relatives as witnesses requires careful scrutiny but can support conviction when credible, establishing culpable homicide in absence of intent to kill.
The intention or knowledge of the actor is a crucial factor in determining whether an act falls within the ambit of Section 300 IPC (murder) or Section 304 Part 1 IPC (culpable homicide not amounting....
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