CHENDA @ CHANDA RAM Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) Leave granted.

(2.) 'Homicide', as derived from Latin, literally means the act of killing a human being. Under Section 299 of the Indian Penal Code (hereinafter referred to as 'the Code'), homicide becomes culpable when a human being terminates the life of another in a blameworthy manner. Culpability depends on the knowledge, motive and the manner of the act of the accused. The offence is punishable under either Section 302, or Section 304 which consists of two parts. In the case before us, we are called upon to examine the nature of the offence of culpable homicide for which the appellant has been convicted by the Trial Court under Section 302 and sentenced to life imprisonment. His appeal was dismissed by the High Court.

(3.) It is sad and unfortunate that the epicenter of the matter is a simple quarrel on a trivial issue a cat was chased away by the child of the deceased and, in the process, it landed on the terrace of the first accused where some gram was kept for drying. The appellant before us is the second accused who inflicted the fatal blow. The first accused who initiated the quarrel was, however, acquitted of the charges under Section 302 read with Section 34, for want of evidence.