Full Judgment Text
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CASE NO.:
Appeal (crl.) 113 of 2008
PETITIONER:
BANDHAN
RESPONDENT:
STATE OF CHHATTISGARH
DATE OF JUDGMENT: 15/01/2008
BENCH:
CJI K.G. BALAKRISHNAN & R.V. RAVEENDRAN
JUDGMENT:
JUDGMENT
O R D E R
CRIMINAL APPEAL NO.113 OF 2008
(Arising out of SLP(Crl.) No.3444/2007)
Heard learned counsel for appellant and learned counsel for the State.
Leave granted.
The appellant was convicted for the offence of murder for causing the
death of Somari. The prosecution case was that the appellant had gone to his uncle’s
house. The deceased Somari was also there. When they were talking each other, the
appellant addressed the deceased as ’Dian’ (hag) to which the deceased objected. The
appellant became upset, took a stick and hit her on the head. The deceased fell down and
died.
Learned counsel for the appellant made a plea that the offence does not fall
under Section 302 IPC. There was no previous enmity or other motive to cause the death
of the deceased. From the evidence, it is clear that the incident
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happened all of a sudden without pre-mediation and the appellant did not take undue
advantage of the situation nor acted in a cruel manner. The offence will, therefore, fall
under Section 304 Part I of IPC.
We, therefore, set aside the conviction under Section 302 IPC and instead
the appellant is convicted under Section 304 Part I IPC and sentenced to undergo
imprisonment for a period of eight years. We are informed that the appellant has already
undergone sentence of more than seven years. If the appellant has already undergone
sentence for the said period, the appellant shall be released forthwith, if not required in
any other case. The appeal is disposed of accordingly.