The court clarified the distinction between culpable homicide and murder, emphasizing that sudden fights without premeditation may lead to lesser charges under IPC.

11/06/2025

1. Heard

2. This criminal appeal filed by the appellant/accused under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, ‘ Cr.P.C .’) is directed against the impugned judgment of conviction and order of sentence dated 23.03.2021 passed by the learned First Additional Session Judge, Bilaspur, C.G. in Special Sessions Trial No. 118/ 2019, whereby the appellant/accused has been convicted for the offence punishable under Section 302 of the Indian Penal Code ( IPC ) for committing murder of deceased Basani Jaral (wife of the accused) and sentenced to undergo rigorous imprisonment for life and fine of Rs.500/-, in default of payment of fine, additional RI for 01 year.

3. Case of the prosecution, in brief, is that in the intervening night of 12/13.05.2019, when the accused told his neighbours that his wife is dead, come and see, the neighbours of the accused namely Gudu alias Gurumurthy (PW-1), Gaukaran Vastrakar (PW-2), Smt. Namita Patro (PW-3), Smt. Vibha Thapa (PW-4), Smt. Chandamal (PW-5) and Luv Kumar Thakur (PW-10) went to the house of the accused between 12:00 and 01:00 in the night and saw that the body of the wife of the accused Basanti Bai was lying on the ground inside the house and she had injuries on her head and leg. Thereafter, Luv Kumar Thakur (PW- 10) called and informed the police about the incident, on which the police came to the spot. Seeing the police the accused was trying to run away but he was caught. Thereafter, Luv Kumar Thakur (PW-10) lodged a Merg Intimation (ExP-17) and First Information Report (ExP-18) in Police Station Torwa, Bilaspur in the night itself.

4. During the course of investigation, Inspector Shanip Ratre prepared a site map (ExP-19) and seized bloodstained cement concrete and plain soil from the place of incident in plastic bags separately and prepared seizure memo (ExP-3). Subsequently panchanama proceedings of the dead body of the deceased (ExP-1) was done in presence do the witnesses and Inquest report (Exp-2) was prepared. The dead body was sent for postmortem to District Hospital Bilaspur. Postmortem of the dead body was conducted by Dr. A.S. Khan (PW-9), who submitted his report (ExP-15). According to the doctor, death was due to coma which was caused due to head injury by hard and blunt object.

5. During the course of investigation, statement of witnesses were recorded and the accused was taken into custody on 13.05.2019. Thereafter, one stick and the bed's hoop were seized vide seizure memo (Ex.P-5). The clothes of the appellant was seized i.e. jeans, full pants and sando vest vide seizure memo (Ex.P-6).

6. The prosecution case is further that on 28.06.2019, constable Boni fas Beck (PW-6) seized the green Coloured saree and golden Coloured blouse worn by the deceased Smt. Basanti in a sealed packet, which was sealed by the doctor who conducted the postmortem, and presented it at the police station and a seizure memo (ExP-13) was prepared. The seized items were sealed and sent to District Hospital Bilaspur along with an application form (Ex.P-24) for query, where Dr. A.S. Khan advised to get the items sent for examination chemically tested for the presence of blood and gave his opinion (EXP-16) that the injuries to the deceased were caused by the stick and the leg of the bed. Thereafter, the seized items were sent to the Regional Forensic Science Laboratory, Tifra, Bilaspur through the Superintendent of Police, Bilasp