1 2025:CGHC:24774 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 35 of 2024 1 - Santosh Singh S/o Harinam Singh Gond Aged About 37 Years R/o Dugla, Police Station Kelhari, District : Koriya (Baikunthpur), Chhattisgarh. ... Appellant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Kelhari, District : Koriya (Baikunthpur), Chhattisgarh. ... Respondent For Appellant : Mr. Anand Kumar Gupta, Adv. For Respondent/State : Mr. Vivek Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 17 /0 6 /202 5 1. The present appeal arises out of the impugned judgment of conviction and order of sentence dated 31.10.2023 passed by the learned 2nd Additional Sessions Judge, Manendragarh, District - Korea (C.G.), in S.T. No. 67/2021 whereby the learned Judge has convicted and sentenced the appellant as under : Conviction Sentence U/s 304 Part-II of IPC Rigorous imprisonment for 7 years. Digitally signed by HEERA LAL SAHU Date: 2025.06.17 17:14:35 +0530 2 2. Brief facts of the case are that on 25.11.2020, Harinam Singh had gone to village of Boridand to give information about Daskarm. When he came to his house in village Dugla at about 4:15 pm, his wife Parvati was lying in the courtyard. On being asked, she told that her son Santosh and Santosh’s friend Ashok came home at 4:00 pm, Ashok gave sweet potatoes to eat, to give the money to Ashok, Santosh asked his mother Parvati for money, then she said that she does not have money right now, she will give it later. On this, Santosh got angered and abused her mother and also assaulted her with hands and fists, due to which she sustained grievous injuries. On 27.11.2020, a report was lodged by the husband of the injured. Based on this FIR under Sections 294, 506 and 323 of the IPC were registered against the appellant. Thereafter, medical examination of the injured was conducted, and Section 325 of IPC was added. After that, due to the injuries, Parvati died on 19.01.2021, information about which was given by Harinam Singh at Kelhari Police Station. Information about the sudden death was registered in Register No. 4/2021 under Section 174 of CRPC and taken up for investigation. In the investigation, after Santosh was found to have murdered Parvati, Section 302 of IPC was added, and he was arrested on 20.01.2021. After due investigation, charge sheet was filed against the appellant. 3. So as to hold the accused/appellant guilty, the prosecution has examined as many as 10 witnesses and exhibited 25 documents. The statement of the accused/appellant was also recorded under Section 313 of the Cr.P.C. in which he denied the circumstances appearing against him and pleaded innocence and false implication in the case. 4. After hearing the parties, vide impugned judgment of 3 conviction and order of sentence dated 31.10.2023, learned Judge has acquitted the appellant for the offence punishable under Sections 302, 294 and 506 Part-II of IPC. However, the appellant has been convicted and sentenced as mentioned in para-1 of this judgment. Hence, the present appeal. 5. Learned counsel for the appellant submits that so far as the conviction of the appellant is concerned, he is not pressing the appeal and would confine his argument to the sentence part thereof only. According to him, the incident is said to have taken place on 25.11.2020, and since then, the appellant is facing a lis. The appellant has already served a jail sentence of about 4 years and 5 months, as he is in jail since 20.01.2021. The appellant is aged about 42 years and he is still serving the jail sentence; therefore, in the interest of justice, it would be appropriate if the sentence imposed upon him may be reduced to the period already undergone by him and he may be released from jail. 6. Per contra, learned counsel appearing for the State, supporting the impugned judgment, opposed the arguments advanced on behalf of the appellant. 7. Heard learned counsel for the parties and perused the material on record including the impugned judgment. 8. Having gone through the material on record and the evidence of the witnesses Hariram Singh (PW-1), Laxmi Singh (PW-3), Raghvendra Singh (PW-4), Sonu Singh (PW- 5), Shesh Narayan Singh (PW-6), Dr. Mahesh Singh (PW-7), Sunil Sahu (PW-8) and J.R. Kurre (PW-9), establishes the involvement of the accused/appellant in the crime in question. This Court does not see any illegality in the findings recorded by the trial Court as regards conviction of the appellant under Section 304 Part-II of IPC. 4 9. As regards sentence, keeping in view the facts and circumstances of the case that on a sudden provocation the appellant is said to have assaulted his mother on 25.11.2020, due to which she sustained injuries and subsequently died on 19.01.2021, at present the appellant is in jail since 20.01.2021 and he has already served the jail sentence of about 4 years and 5 months and at present the appellant is aged about 42 years, he has no criminal antecedent, this court is of the opinion that the ends of justice would be served if he is sentenced to the period already undergone. 10. In the result the appeal is allowed in part. While maintaining the conviction of the appellant under Section 304 Part-II of IPC, his jail sentence is reduced to the period already undergone by him i.e. about 4 years and 5 months instead of R.I. for 7 years. 11. The appellant is reported to be in jail. He be released forthwith if not required in any other case. 12. Record of the trial Court along with copy of this judgment be sent forthwith for compliance and necessary action, if any. Sd/- (Sanjay Kumar Jaiswal) JUDGE H.L. Sahu