Criminal Appeal (D.B.) No. 361 of 2001
---
Against the judgment of conviction and order of sentence dated
4.7.2001
passed by Sri N. Mishra, 1st Additional Sessions Judge,
Godda in Sessions Case No. 92 of 1999/15 of 1999.
1. Kajal Murmu alias Ravan Murmu
2. Sonel Murmu ... ... Appellants
Versus
The State of Jharkhand ... ... Respondent
---
For the Appellants : M/s. S. S. Choudhary, N. K. Pandey &
Bindeshwri Singh, Advocate
For the Respondent : Mr. Ravi Prakash, A.P.P.
---
PRESENT
HON'BLE MR. JUSTICE R. K. MERATHIA
HON'BLE MR. JUSTICE R. R. PRASAD
---
R. K. MERATHIA, &
R. R. PRASAD, JJ This appeal has been filed against the judgment dated
4.7.2001 passed by the learned 1st Additional Sessions Judge, Godda
in Sessions Case No. 92 of 1999/15 of 1999 convicting the appellants
under Sections 302 and 307/34 of I.P.C. and sentencing them to
undergo R.I. for life under Section 302 and R.I. for ten years under
Section 307 of I.P.C. The sentences were directed to run concurrently.
2. Mr. Choudhary, learned counsel appearing for the
appellants submitted that at best the appellants could be convicted
under Section 304 Part (II) and 324 of the I.P.C.
3. On the other hand, Mr. Ravi Prakash, learned counsel
appearing for the State supported the impugned judgment.
4. Admittedly, the alleged occurrence took place on
5.12.1998 during quarrel and dispute over cutting of paddy between
the parties. P.W. 1 is the only injured eye-witness. Though in the
F.I.R., it is said that the appellants caused injury by lathi and knife, but
P.W. 1 said that the appellants had lathi in their hands. Doctor found
three injuries on the deceased i. e.:
(i) stitched would – 1″ below right eye and over right side of
face,
(ii) stitched wound – ½ ” over right side of frontal scalp with
swelling of frontal scalp – 2″x2″ with diffused margin over the right side,
(iii) stitched would below the right side of nose.
-2-
The cause of death was shock and haemorrhage as a
result of head injury with fracture of frontal skull, which was grievious in
nature.
5. In the circumstances, the case falls under Exception 4 of
Section 300 of I.P.C. As already noticed, the occurrence took place
during quarrel between the parties and the appellants did not act in
unusual manner.
6. Accordingly, the conviction under Section 302 of I.P.C. is
altered to 304 Part (II) of I.P.C.
7. The injuries on P.W. 1 were simple in nature but there
were repetition of blows on the head. In the circumstances, the
conviction under Section 307 of I.P.C. is altered to Section 324 of
I.P.C.
8. So far as the sentence is concerned, Mr. Choudhary
submitted that appellants have remained in jail for about 12 years.
In the circumstances, the appellants are sentenced to the
period already undergone by them.
The appellants will be released forthwith, if not wanted in
any other case.
(R. K. Merathia, J.)
(R. R. Prasad, J)
Jharkhand High Court at Ranchi
The 20th day of April 2011.
R.Shekhar/NAFR/Cp.3.