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SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Satya Narayan Singh, S/o. Late Munshi Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal, under Section 374 (2) of the Code of Criminal Procedure, has been preferred against the Judgment of conviction dated 16.02.2017 and order of sentence dated 21.02.2017 passed by learned Additional Sessions Judge-VI, Garhwa in Sessions Trial No. 131 of 2016, arising out of Kharaundhi P.S. Case No.04 of 2016 corresponding to G.R. Case No.80 of 2016, whereby and whereunder, the appellant has been sentenced to undergo rigorous imprisonment for life alongwith fine of Rs.20,000/- for the offence committed under Section 302 of IPC and compensation of Rs.20,000/- and in default of payment of fine, the same has been directed to be recovered from the movable and immovable property of the convict.
Facts:
2. The prosecution story in brief as per the allegation made by the informant, read as under:
On 07.01.2016 at about 9:00 pm, the accused Satya Narayan Singh and deceased Dinanath Singh has altercation after they have taken liquor. Dinanath Singh was scolding his child for not studying and on this Satya Narayan Singh did not feel happy / comfortable / amused. He got angry and brought a tangi (axe) from his house and assaulted Dinanath Singh
The court established that a homicide committed in a sudden fight without premeditation and without taking undue advantage can be classified as culpable homicide not amounting to murder under Excepti....
The court established that the presence of intention to kill, the nature of the weapon used, and the circumstances of the quarrel are critical in determining whether an act constitutes murder or a le....
The court modified the conviction from murder to culpable homicide not amounting to murder, emphasizing the absence of premeditation and the nature of the altercation as a sudden fight.
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