A conviction under Section 304 Part-II IPC is appropriate when death results from an act done with the knowledge that it is likely to cause death, but without specific intent to kill; appellate courts may reduce sentences to time served in cases involving spur-of-the-moment actions and long-standing litigation.

Order on Board

1. This criminal appeal preferred under Section 374(2) of the Cr.P.C is against impugned judgment of conviction and order of sentence dated 05.08.2015 passed in ST No. 34/2013 by the learned Additional Sessions Judge, Janjgir, Champa whereby the appellant has been convicted and sentenced as under:-

2. The prosecution story, in brief, is that on 11.11.2012 at about 12:00 noon, at Village Kera Kachar, the appellant/accused was sitting near the shop of one Saheblal. At that time, the deceased Kanhaiya Binjhwar and Mohan Binjhwar reached there and asked the appellant to give them cigarettes and betel (paan). After some time, an altercation took place between the appellant and the deceased Kanhaiya. Some villagers intervened and separated them, after which both parties returned to their respective houses.

3. Thereafter, on the same day at about 6:30 PM, the appellant and the deceased again met near the shop of Saheblal, where again altercation took place between them near the shop of one Nanki Yadav. During this quarrel, the appellant inflicted a single knife blow on the stomach of Kanhaiya, as a result of which he sustained grievous injuries. He was taken to the Government Hospital at Janjgir and was later referred to Bilaspur for further treatment, where he succumbed during the course of treatment.

4. On receiving information about the death of Kanhaiya, Merg No. 55/12 was registered at Police Outpost Pantora/Balouda. On this basis, the police initiated investigation. During investigation, the dead body of the deceased was sent for post-mortem, statements of the witnesses under Section 161 Cr.P.C. were recorded, and the memorandum statement of the accused was obtained. On the basis of the memorandum, the weapon and other articles used by the accused were seized, and thereafter he was arrested. After completing all formalities and mandatory procedures, the police filed the charge-sheet before the Judicial Magistrate First Class, Akaltara. The case was registered and, after committal, it was transferred to the Sessions Court, Janjgir, District Janjgir–Champa (C.G.).

5. The appellant/accused denied the charges. His statement under Section 313 Cr.P.C. was recorded. The prosecution examined 21 witnesses to prove its case, while the defence examined Chitranjan Lal Binjhwar (DW-1).

6. The trial Court after appreciating oral and documentary evidence available on record, by its judgment dated 05.08.2015 convicted and sentenced the appellant as mentioned in paragraph one of this judgment. Hence, this appeal.

7. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. He would submit that the trial Court failed to appreciate the fact that the incident happened on spur of moment and there was no intention to kill so as to take the case within the ambit of Section 304 Part-II of I.P.C. The learned trial Court without there being any material against the appellant has convicted the appellant. He further submits that the deceased did not died immediately after the incident but was hospitalized and died after some time. It is further contended that the alleged knife was seized from an open agricultural field not belonging to the appellant, making the recovery doubtful, and the seizure witnesses, be