In a recent landmark judgment by the Supreme Court of India, the conviction in the case of Lalita v. State of Chhattisgarh has been modified. The appellant’s sentence has been reduced after serving about 10 years in prison. This decision marks a significant moment in the legal proceedings surrounding the unfortunate incident that led to the demise of Lalita. The court’s verdict brings a sense of closure to the case and reinforces the principles of justice and fairness.
Facts
- The appeal arises from a judgment and order dated 11.04.2013 passed by the High Court of Chhattisgarh at Bilaspur.
- The High Court affirmed the conviction of the appellant under Section 302 IPC and the sentence of life imprisonment imposed on the appellant.
- The prosecution’s case involved the incident on 23.05.2007 where the deceased Lalita was with her friend Dev Kumari (PW-1) while her mother Indra Kunwar (PW-2) was cooking food.
- The appellant-accused has already served about eleven years and eight months of imprisonment.
- Considering the circumstances and the period already undergone, the sentence of imprisonment is modified to the period served.
- As per jail certificate, the appellant-accused had served about 10 years, 2 months, and 25 days as of 26.08.2017.
- The trial court convicted the appellant-accused based on the dying declaration (Ex.P-16) under Section 302 IPC for life imprisonment.
- The occurrence was sudden with no premeditation at 07:30 PM.
- Deceased objected to accused taking out the bulb to connect it in the courtyard.
- Accused threw the burning chimney lamp on the deceased in a spur of the moment.
- Deceased sustained burn injuries on face, chest, stomach, and parts below the legs.
- Deceased succumbed to injuries at District Hospital, Ambikapur after seven days.
- Witnesses initially registered the case under Section 307 IPC which was later altered to Section 302 IPC.
- Eye witnesses Dev Kumari (PW-1), mother Indira Kunwar (PW-2), Manu Singh (PW-3), and Ram Dayal (PW-4) turned hostile and did not support the prosecution’s case.
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Decision
- The appellant-accused’s conviction under Section 302 IPC is modified to Section 304 Part-II IPC.
- The appeal is partly allowed with the above modification.
- The sentence of life imprisonment for the appellant-accused is reduced to the period already served.
- The appellant-accused is ordered to be released immediately, unless needed in another case.
Also Read: High Court Acquittal Case of State of Uttar Pradesh v. Jai Prakash
Case Title: GOVIND SINGH Vs. THE STATE OF CHHATTISGARH
Case Number: Crl.A. No.-000770-000770 / 2019
