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2025 Supreme(Online)(CHH) 3822

HIGH COURT OF CHHATTISGARH
Ramesh Sinha, CJ, Arvind Kumar Verma, J
Kallu Singh @ Amarjeet Singh Rajput – Appellant
Versus
State of Chhattisgarh – Respondent
Criminal Appeal No. 1109 of 20241

Advocates:
For the Appellants/Petitioners: Mr. Jitendra Shukla
For the Respondents: Mr. Shailendra Sharma

The court established that the appellants acted without premeditation during a sudden fight, leading to the modification of their conviction from murder to culpable homicide under Exception 4 of IPC.

Headnote:(A) Indian Penal Code, 1860 - Section 302 and 304 - Criminal Procedure Code, 1973 - Section 374(2) - Conviction for murder altered to culpable homicide not amounting to murder - Convicts initially sentenced under Section 302/34 acknowledged to have acted without premeditation; evidence shows death resulting from injuries inflicted during a sudden fight - Court finds essential elements of Exception 4 of Section 300 IPC satisfied. (Paras 41-43)

Facts of the case:
Appellants convicted for the murder of Sanju Verma, who died from head injuries resulting from a physical altercation with the appellants on 23.03.2022. Post-mortem revealed multiple severe injuries confirming the homicide. (Paras 4, 6, 28)

Findings of Court:
Court concluded that, while the act was without premeditation, the knowledge of the likelihood of death existed, qualifying the accused under culpable homicide not amounting to murder contravening Section 304 Part-II IPC. (Paras 41-44)

Issues: The primary issue was whether the deceased's death was a result of murder or culpable homicide not amounting to murder, evaluated against the framework of IPC exceptions.

Ratio Decidendi: The court held that the evidence presented showed that the accused reacted without premeditation and therefore, their actions qualified for a lesser charge under Section 304 Part-II, explicitly observing the need for the context of sudden fight to reframe culpability.

Result: Appeal allowed in part; conviction modified to Section 304 Part-II IPC with a 10-year sentence.

Table of Content
1. details of the injuries leading to death. (Para 4 , 5 , 6)
2. arguments regarding conviction evidence. (Para 12 , 13 , 14)
3. affirmative finding of homicidal death. (Para 17 , 18)
4. involvement of appellants in the crime. (Para 19 , 20 , 21 , 22)
5. distinction between murder and culpable homicide. (Para 29 , 30 , 31 , 32)
6. final determination of charges and sentencing. (Para 39 , 41 , 42)

Judgment on Board

Per Ramesh Sinha, Chief Justice

16.04.2025

1. Proceedings of this matter have been taken through video conferencing.

2. Heard Mr. Jitendra Shukla, learned counsel for the appellants. Also heard Mr. Shailendra Sharma, Panel Lawyer for the State/Respondent.

3. The present appeal has been preferred by the appellants under Section 374 (2) of the Code of Criminal Procedure questioning the judgment of conviction and order of sentence dated 22.05.2024 (Annexure A-1) passed in Sessions Trial No.143/2022 by the 9^th Additional Sessions Judge, Raipur, District Raipur (C.G.), whereby the appellants have been convicted and sentenced as under :-

Conviction	Sentence
Under Section 302/34 of I.P.C.	Life Imprisonment with fine of Rs.1,000/-, in default of payment of fine amount, additional rigorous imprisonment for one year (for each appellant)

4. The prosecution story in short is that on 23.03.2022, the appellants have caused injuries to one Sanju Verma from wooden rod and hand & fist. Resultantly, injured- Sanju Verma become unconscious and shifted to DKS Hospital, Raipur and during treatment, he died on 24.03.2022. Therefore, the police has registered the Crime No.207/2022 for the offence punishable under Section 302 /34 IPC against the appellants.

5. Panchnama proceedings of deceased’s body was done and map Panchayatnama Exhibit P-03 was prepared. Application for post- mortem of the deceased was sent through Exhibit P-21 and post mortem report of the deceased was received Exhibit P-16. After post mortem, viscera of deceased was seized in front of witnesses and seizure memo Exhibit P-22 was prepared.

6. The postmortem of the body of the deceased was conducted by Dr. Shiv Narayan Manjhi (PW-8) vide Ex.P-16 and found following injuries :-

1. Surgical stitched wound present on right frontal parietal and temporal region coma shaped 32 cm. long, it has having 32 itches present, on opening of scalp dark red color ecchymosis present, temporalis muscle contused. Skull bone shows surgical cutting on right frontal parietal and temporal bon 17x13 cm. AP, bone piece kept in abdominal wall in situ. Subdural hemorrhage present on all over brain but mostly on right frontal temporal & parietal lobes, 01 to 02 cm. wide clotted blood on right anterior & middle cranial fossa below base of brain. Contusion present on right frontal, parietal and temporal lobes 12x10 cm., area all around contusion brain matter softened which extends upto lateral ventricle & its contains small pieces of clotted blood.

2. Surgical stitches wound present on abdomen just right to umbilicus 09 cm. long with 08 stitches u/n skin & soft tissue surgical cutting of right fronto parietal and temporal bones 17x13 cm. bone piece kept in situ.

3. Contusion present on right side occipital region at the level of external occipital protuberance 004 cm. area & another is 01 cm. below to this injuries 05x2.5 cm. Transverse.

4. Friction abrasion present on right mallar & zygomatic region 06x03 ст. АР.

5. Impacted abrasion present on right ear tragus and helix region 05x33 cm. Vertical

6. Impacted abrasion present on left tragus to left parieto temporal region 07x02 cm. vertical with rail pattern, u/n dark red color ecchymosis present.

7. Impacted abrasion present on left eye upper lead 04x0.2 cm. Vertical

8. Impacted abrasion present on vertex region 06x02 cm. AP & left parietal region 05x02 cm. AP, u/n dark red color ecchymosis present.

9. Impacted abrasion present on left side throes region just below subscapular angle 09x02 cm. & mid part 09x02 cm transverse same level.

10. Impacted abrasion pr

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2025 Supreme(Online)(CHH) 3822

HIGH COURT OF CHHATTISGARHRamesh Sinha, CJ, Arvind Kumar Verma, JKallu Singh @ Amarjeet Singh Rajput – AppellantVersusState of Chhattisgarh – RespondentCriminal Appeal No. 1109 of 20241

The court established that the appellants acted without premeditation during a sudden fight, leading to the modification of their conviction from murder to culpable homicide under Exception 4 of IPC.

Cases Referred (2)

HIGH COURT OF CHHATTISGARH
Ramesh Sinha, CJ, Arvind Kumar Verma, J
Kallu Singh @ Amarjeet Singh Rajput – Appellant
Versus
State of Chhattisgarh – Respondent
Criminal Appeal No. 1109 of 20241