RAMU GAJPAL @ GOLU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and sentence dtd. 30/9/2014, passed in Session Trial No. 203 of 2012, whereby learned Second Additional Sessions Judge, Durg (C.G.) convicted appellants for offence under Sec. 302 of the Indian Penal Code and sentenced him to undergo life imprisonment and fine of Rs.5,000.00, in default of payment of fine to further undergo 01 year rigorous imprisonment and under Sec. 201 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment of 03 years and fine of Rs.1,000.00, in default of payment of fine to further undergo 06 months rigorous imprisonment. Both the sentences to run concurrently.

(2.) Facts relevant for disposal of this appeal are that, the deceased, Ghasiyaram, was the father of the appellant, who is also the accused in this case. According to the narrative of prosecution, the deceased was known to be a habitual drinker. His excessive consumption of alcohol frequently led him to engage in quarrels and disputes with members of his own family. This background of recurring familial discord and tension set the stage for the unfortunate incident in question. On the specific date of the incident, which occurred around 1:00 a.m., the deceased once again was involved in a heated altercation with the family members. It was during this quarrel that the appellant, the accused son, felt harassed and humiliated by the aggressive behavior of deceased. The prosecution contended that due to this ongoing mistreatment and provocation, the appellant was driven to an extreme and tragic response. In a fit of rage and self-defense, the appellant allegedly used a dagger (referred to as a "Hansiya", a type of curved knife or blade) to attack the deceased. The injury inflicted by the appellant resulted in the death of Ghasiyaram.

(3.) Following the incident, the police conducted a thorough investigation into the matter. After collecting evidence and statements, the police submitted a charge sheet in the appropriate Court, formally charging the appellant with serious offenses under the Indian Penal Code (IPC). The charges brought against the appellant were under Sec. 302 of the IPC, which deals with punishment for murder, and Sec. 201 of the IPC, which pertains to causing the disappearance of evidence or giving false information to screen the offender. These charges were framed by the Trial Court on the basis of the charge sheet submitted by the prosecution.