Narendra Kumar Bhoi Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2025)

Narendra Kumar Bhoi Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Conviction under Section 302/34 of IPC altered/modified to Section 304 Part-I read with Section 34 of IPC; sentence of 10 years' rigorous imprisonment; fine of Rs.2000/- imposed by the trial Court retained; certified copy of the judgment with original record to be transmitted forthwith to the trial Court and to the Superintendent of Jail.

Issue for consideration

Whether the death of the deceased was homicidal in nature. +2 more

Court's answer

The death of the deceased was homicidal in nature; the trial Court's finding resting on the postmortem report (Ex.P-9) conducted and proved by Dr. B.B. Kosariya (PW-6) — hemorrhagic shock due to rupture of heart, left lobe of liver and left lungs — is a correct finding of fact, neither perverse nor contrary to the record, and is affirmed.

Ratio / Principle

The appellant, together with co-accused Sunil Bhoi in furtherance of their common intention, assaulted the deceased Gautam Bhoi with a stick causing grievous injuries and death; the trial Court's finding based on the testimony of eyewitnesses Jeevardhan Bhoi (PW-1) and Jharna Bhoi (PW-11) and the seizure of the bamboo stick (Ex.P-14 pursuant to memorandum Ex.P-13) is affirmed — the appellant-accused is the author of the crime.

Key takeaways

Although on account of the appellant's injuries ribs No. 5, 6 and 7 were fractured and Dr. B.B. Kosariya (PW-6) deposed in para 10 that heart, liver and lungs were damaged/ruptured due to the rib fractures, he did not say that the injuries were sufficient in the ordinary course of nature to cause death; applying Nankaunoo (supra) and considering the situs and nature of the injuries, the prosecution failed to establish sufficiency of injuries so as to attract Section 300 Thirdly IPC, and the conviction under Section 302/34 IPC is altered to Section 304 Part-I read with Section 34 IPC.ratio¶49
On the altered conviction under Section 304 Part-I read with Section 34 IPC, the appellant is sentenced to 10 years' rigorous imprisonment, and the fine amount imposed by the trial Court shall remain intact.ratio¶50

Detailed headnote1 paragraphs

Criminal appeal under Section 374(2) Cr.P.C. against judgment dated 09.01.2019 (Sessions Trial No. 62/2017, Additional Sessions Judge, Saraipali) convicting Narendra Kumar Bhoi under Section 302/34 IPC for the stick assault on Gautam Bhoi on 03.06.2017 in village Kutela, P.S. Saraipali, jointly with co-accused Sunil Bhoi, and sentencing him to life imprisonment with Rs.2000/- fine. The Division Bench (Sanjay K. Agrawal & Sanjay Kumar Jaiswal, JJ.) affirmed (i) that the death was homicidal — postmortem Ex.P-9 by Dr. B.B. Kosariya (PW-6) showed hemorrhagic shock from rupture of heart, left lobe of liver and left lungs — and (ii) that the appellant was the author of the crime on the testimony of eyewitnesses Jeevardhan Bhoi (PW-1) and Jharna Bhoi (PW-11) coupled with seizure of a bamboo stick (Ex.P-14) on his memorandum statement (Ex.P-13). Applying Nankaunoo v. State of Uttar Pradesh, (2016) 3 SCC 317 — where sufficiency of injury to cause death in the ordinary course of nature must be proved and cannot be inferred merely from the occurrence of death — and noting that although ribs 5–7 were fractured and heart, liver and lungs ruptured, PW-6 did not depose that the injuries were sufficient in the ordinary course of nature to cause death, the Court held the prosecution failed to attract Section 300 Thirdly IPC. Conviction was altered to Section 304 Part-I read with Section 34 IPC with 10 years' rigorous imprisonment; the trial Court's fine was left intact. Appeal partly allowed.