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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K.Agrawal, Arvind Singh Chandel
Sandeep Kumar Patel S/o Premlal Patel (Appellant In Jail) – Appellant
Versus
State of Chhattisgarh through Police Chowki Manikpur – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. Invoking criminal appellate jurisdiction of this Court, the present criminal appeal under Section 374(2) of CrPC has been filed by the appellant herein calling in question the legality, validity and correctness of the judgment of conviction and order of sentence dated 05.07.2019 passed by the Sessions Judge, Korba, District Korba, Chhattisgarh in Sessions Trial No.13/2019 whereby the appellant has been convicted for offence punishable under Section 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of ₹2,000/-; in default of payment of fine to undergo additional rigorous imprisonment 3 months.
2. Case of the prosecution, in nutshell, is that on 18.10.2018 at about 9:30 pm at S.B.S. Colony Gayatri Nagar Korba Chowki Manikpur Thana Kotwali Korba, District Korba Chhattisgarh, appellant assaulted his father Premlal Patel (now deceased) by wooden planks and also strangulated him to death. Thereafter, appellant himself registered the Roznamchasanha. Ganeshi Patel (PW-2), mother of the appellant and wife of the deceased, registered zero merg (Ex.P/9) and Dehati nalsi (Ex.P/10), thereafter, numbered merg and FIR were registered vid
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 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.
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