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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Savitri Singh W/o Late Chhatrapal Singh – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
RAJANI DUBEY, J.
1. Challenge in this appeal is the legality and validity of the judgment of conviction and order of sentence dated 21.11.2019 passed by 5th Additional Sessions Judge, Raigarh in ST No. 65/2018, whereby the appellant stands convicted under Section 302 of IPC and sentenced to undergo imprisonment for life and pay a fine of Rs.1000/- in default thereof to suffer additional RI for one month.
2. Case of the prosecution, in brief, is that on 2.6.2018 Chhatrapal came home after consuming liquor and started abusing and quarreling with the appellant. Being enraged, the appellant assaulted with an axe on his head, neck and back as a result of which he died. After investigation, the police filed charge sheet under Section 302 of IPC against the appellant followed by framing of charge accordingly by learned trial court which was abjured by her and she prayed for trial.
3. In order to substantiate its case the prosecution examined 16 witnesses. Statement of the accused was recorded under Section 313 of CrPC wherein she denied all the incriminating circumstances appearing against her in the prosecution case, pleaded innocence and false implication. No witness was examined
The court ruled that the appellant's actions, prompted by provocation and lack of intent to kill, warranted a conviction for culpable homicide not amounting to murder under Section 304 Part-II IPC.
The appellate court modified the conviction from Section 302 to Section 304 IPC, recognizing the absence of premeditation and intention to kill during a sudden altercation influenced by the accused's....
The main legal point established in the judgment is that the nature of the injury, the presence of a motive prior to the incident, and the absence of provocation are crucial factors in determining th....
The essential ingredient of motive/intention under Section 302 IPC must be established to convict a person for the offence of murder.
The central legal point established in the judgment is the distinction between culpable homicide and murder under the Indian Penal Code, and the assessment of the accused's knowledge and intention in....
The court modified conviction from murder to culpable homicide under Section 304 IPC, establishing that the incident arose from sudden provocation and was not premeditated.
The court ruled that the appellant committed culpable homicide, not murder, establishing that the prosecution's circumstantial evidence, albeit strong, did not demonstrate premeditation.
Exception IV to Section 300 IPC allows for culpable homicide not amounting to murder in cases of sudden fights or quarrels without premeditation or undue advantage.
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