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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, SACHIN SINGH RAJPUT
Bharsingh Markam, S/o. Shri Bisnath Markam – Appellant
Versus
State Of Chhattisgarh Through District Magistrate – Respondent
| Table of Content |
|---|
| 1. appellant convicted under section 302. (Para 1 , 2) |
| 2. appellant argues against conviction's validity. (Para 3 , 4) |
| 3. court assesses charges and evidence. (Para 5 , 6 , 7 , 10) |
| 4. postmortem confirms homicide and cause of death. (Para 8 , 9 , 12) |
| 5. witness testimonies provide evidence against the appellant. (Para 11 , 13) |
| 6. clarification of culpable homicide provisions. (Para 14 , 15 , 16) |
| 7. court alters conviction to section 304 part-ii. (Para 17) |
| 8. appeal partly allowed and sentence modified. (Para 18 , 19 , 20) |
Judgment :
Per Rajani Dubey, J.
1. The present appeal is directed against the judgment of conviction and order of sentence dated 25.04.2019 passed by the learned Session Judge, Rajnandgaon (C.G.) in Session Case No.14/2018, whereby the appellant has been convicted under Section 302 of IPC and sentenced to undergo life improvement.
2. The prosecution case, in brief, is that on the date of incident ie. on 29.12.17 at about 8.00 PM the appellant attacked his brother namely Davsingh by way of Tangia, resulted into serious injuries over his neck. Thereafter ambulance was called for but Davsing didn't survive. The matter was reported by PW-11 Sarita Netam on the ba
The court modified the conviction from murder to culpable homicide not amounting to murder under Section 304 Part-II due to lack of intent and the nature of the altercation.
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 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 modified conviction from murder to culpable homicide, applying Exception 4 to Section 300 IPC for sudden assault without premeditation.
The court established that a lack of premeditation and intention to kill in a sudden quarrel can lead to a conviction under Section 304 Part II IPC instead of Section 302 IPC.
The distinction between intent to kill and knowledge of likely death is critical in determining the degree of culpable homicide.
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