The court established that the appellant's act was of culpable homicide not amounting to murder under Section 304 IPC due to absence of premeditation and actions taken in heat of passion.

JUDGMENT

1. Heard Mr. Shishir Dixit, learned counsel for the appellant as well as Mr. Nitansh Jaiswal, learned Deputy Government Advocate, appearing for the State/respondent.

2. Today, though the criminal appeal has been listed for hearing on I.A. No.01, application for suspension of sentence and grant of bail to the appellant, however, with the consent of learned counsel for the parties, the appeal is heard finally.

3. Accordingly, I.A. No.01, application for suspension of sentence and grant of bail to the appellant, stands disposed of.

4. 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 23.04.2024 passed by the learned 9^th Additional Sessions Judge, Raipur, District Raipur (C.G.) in Sessions Trial No.57/2020, by which the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code , 1860 (for short, “ IPC ”) and sentenced to undergo imprisonment for life and fine of Rs.1,000/-, in default of payment of fine amount, additional rigorous imprisonment for one year.

5. The prosecution case, in brief, is that the informant/complainant Hemlal Khare (PW-1), resident of village Gobra Nawapara, lodged a report stating that on 31.10.2019, while he was present at Gobra Nawapara, he received information that his son Roshan Khare @ Nanku had sustained serious injuries and had been admitted to the Government Hospital, Nawapara. Immediately thereafter, the informant rushed to the said hospital, where he found his son lying on a hospital bed in an unconscious condition. It was noticed that the deceased had sustained injuries on his head and face and blood was oozing from the injuries. Upon making inquiry from the doctor on duty regarding the condition of his son, the informant was informed that Roshan Khare @ Nanku had already expired.

6. On the basis of the said information, Merg Intimation No. 64/2019 was registered on 31.10.2019 at Police Station Gobra Nawapara (Ex.P/01). During merg inquiry, on the basis of the information received and the material collected, a cognizable offence was found to have been committed. Consequently, a First Information Report was registered vide Crime No. 463/2019 against an unknown person for the offence punishable under Section 302 of the Indian Penal Code , and the FIR was registered as Ex.P/25.

7. On the same day, notices were issued to witnesses for conducting inquest proceedings (Ex.P/02) and the inquest (Panchanama) over the dead body of deceased Roshan Khare @ Nanku was conducted in the presence of Panch witnesses. During the said proceedings, the condition of the dead body and visible injuries were duly noted. After completion of inquest proceedings, the inquest report was prepared and the spot map of the place where the dead body was examined was prepared vide Ex.P/03.

8. During the course of investigation, on the basis of the statement of informant Hemlal Khare, a spot map of Rajim–Chirghar area was prepared in the presence of witnesses, which has been exhibited as Ex.P/15. Further, on the basis of the statement of witness Mahesh Kumar Khare, another spot map of the place of occurrence at village Kumar Sona Silli was prepared in the presence of witnesses and the same was exhibited as Ex.P/26.

9. From the place of occurrence, blood-stained soil and plain soil were seized in the presence of witnesses, and seizure memo was prepared vide Ex.P/11. The dead body of deceased Roshan Khare @ Nanku was thereafter sent for postmortem examination t