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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, DEEPAK KUMAR TIWARI
Sharda, W/o. Surendra Uraon – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. This Criminal Appeal preferred by the accused/appellant under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and sentence dated 17.09.2014 passed by the Additional Judge to the Court of Additional Sessions Judge, Ramanujganj, District Surguja (Ambikapur) in Sessions Case No.206/2013, whereby, the appellant has been convicted and sentenced as under:-
| Conviction | Sentence |
| Section 302 IPC | Life imprisonment and fine of Rs.500/-, in default of payment of fine, RI for one month additional. |
| Section 309 IPC | Simple Imprisonment for one year. |
2. The deceased Shivnath was the son of the appellant, who was aged about 5 years at the relevant time. Prosecution case is that on 28.03.2013 at about 4 pm the appellant has assaulted her son and caused his murder and also tried to commit suicide. Thereafter, Mahesh Ram (PW-1), who is grandfather of the deceased, has lodged an FIR (Ex.P-1) on 28.03.2013 to the effect that on the said date at about 4 pm his wife CB Bai (PW-2), grandmother of the deceased, came to home crying while carrying deceased Shivnath in her lap and told him that the appellant has killed Shivnath by using knife and also
The court ruled that lack of premeditation and motive in a mother-son homicide allows for conviction under Section 304 Part-II IPC instead of Section 302, reflecting culpable homicide not amounting t....
Unintentional homicide committed in a sudden quarrel without any premeditation is not murder.
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 judgment established the distinction between murder and culpable homicide, and the factors to be considered for awarding appropriate sentence under IPC 302 or IPC 304 Part-II.
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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