When a single fatal injury is inflicted during a sudden quarrel without premeditation, and clear intent to cause death (as defined in Section 300 IPC) is not proven, the conviction should be altered from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part-I IPC.

Judgment on Board

Per Ramesh Sinha, Chief Justice

24.03.2026

1. Heard Mr. Abhishek Banjarey and Mr. Veer Verma, learned counsel for the appellant as well as Mr. Priyank Rathi, learned Government Advocate, appearing for the State/respondent.

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 06.08.2021 passed by the learned Sessions Judge, Kabirdham (Kawardha), (C.G.) in Sessions Trial No.63/2019, by which the appellant has been convicted for the offence punishable under Sections 302 read with Section 34 of the Indian Penal Code, 1860 (for short, “IPC”) and sentenced to undergo imprisonment for life and fine of Rs.500/-, in default of payment of fine amount, additional rigorous imprisonment for one month.

3. The prosecution case, in brief, is that on 09.09.2019 at about 08:00 PM, at village Kherjhiti, the deceased Ramesh Dhruve, after having dinner, had lain down in his house. At that time, an information was received by PW-5 Shatruhan Dhruve that Ramesh Dhruve had been stabbed with a knife near Ganesh Pandal. Upon receiving such information, PW-5 immediately rushed to the spot and found Ramesh Dhruve lying on the road with a grievous injury on the left side of his chest, from which blood was oozing. At the spot, PW-6 Pradeep @ Chhotu Dhruve, PW-11 Kamlesh Dhruve, PW-12 Purushottam, PW-8 Ramman @ Bheem Nishad and other villagers were present. These witnesses disclosed that due to prior enmity, the accused Mukesh Satnami along with a juvenile co-accused had assaulted the deceased with a knife and fled from the scene.

4. Thereafter, the injured was taken to the District Hospital, Kawardha, by Dial-112 and 108 vehicles, where PW-13 Dr. Madhusudan Dongre examined him and declared him dead. The intimation of death (Ex.P/23) was sent to the police. On the basis of the said information, merg intimation (Ex.P/10) was registered. During the course of merg inquiry, on 10.09.2019, PW-15 Nitin Kumar Tiwari issued notice (Ex.P/3) to the panch witnesses and prepared the inquest report (Ex.P/4) over the dead body of the deceased. The dead body was sent for postmortem vide application (Ex.P/25), and constable PW-14 Ishwari Sahu carried the body to the District Hospital. The postmortem was conducted by PW-3 Dr. Swapnil Tiwari, who submitted the report (Ex.P/7), opining that the death was homicidal in nature caused by a sharp-edged weapon injury. PW-15 Nitin Kumar Tiwari also inspected the place of occurrence and prepared the spot map (Ex.P/11).

5. Based on the statement of PW-5 Shatruhan Dhurve, Dehati Nalishi (Ex.P/14) was recorded, and thereafter formal FIR (Ex.P/27) was registered against the accused persons. From the spot, one motorcycle, slippers and blood-stained as well as plain soil were seized vide seizure memos (Ex.P/21 and Ex.P/22). During investigation, memorandum statement of the accused Mukesh Satnami was recorded (Ex.P/6), pursuant to which a knife was seized at his instance vide seizure memo (Ex.P/1). Sealed packets containing the clothes of the deceased and blood sample were also seized from the hospital vide Ex.P/24. The accused Mukesh was arrested on 10.09.2019 (Ex.P/32), and information of his arrest was given to his relatives