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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK AGARWAL, RATNESH CHANDRA SINGH BISEN
Shankar Baiga – Appellant
Versus
State Of Madhya Pradesh – Respondent
JUDGMENT :
Ratnesh Chandra Singh Bisen, J.
Learned counsel for the appellant instead of pressing I.A. No.28088/2025, which is third application under Section 430(1) of the Bhartiya Nagrik Suraksha Sanhita, 2023, for suspension of sentence and grant of bail to the appellant-Shankar Baiga, prays that this appeal be heard finally.
2. Accordingly, I.A.No.28088/2025, is dismissed as not pressed and with the consent of learned counsel for the parties, this appeal is heard finally.
3. This Criminal Appeal under Section 374 (2) of the Code of Criminal Procedure, is filed by the appellant being aggrieved of the judgment dated 11.12.2019, passed by the learned Session Judge, Umariya (M.P.), in S.T. No.26/2019, whereby the learned trial Court has convicted the appellant for offence under Section 302 of Indian Penal Code (hereinafter referred to as 'IPC' for short) and sentenced him to life imprisonment with fine of Rs.1,000/- with default stipulation of 06 months Rigorous Imprisonment.
4. Upon being charged under Section 302 of IPC, the appellant abjured his guilt and sought to contest further proceedings in the case.
5. Learned counsel for the appellant submits that the prosecution story in short
The lack of evidence identifying which appellant inflicted the fatal injury necessitates a conviction reduction to a lesser charge.
The testimony of relatives as witnesses requires careful scrutiny but can support conviction when credible, establishing culpable homicide in absence of intent to kill.
The judgment established that culpable homicide can be classified as not amounting to murder when committed in the heat of passion during a sudden quarrel, without premeditation, as outlined in Excep....
The main legal point established in the judgment is the application of Exception 4 of Section 300 of the IPC, leading to a conviction under Section 304 (Part-II) instead of Section 302 of the IPC.
Point of law : Admittedly according to the prosecution's own case Ran Singh and Rattan Singh were carrying lathies which could be described as hard and blunt object. Such injuries on the person of th....
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.
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