IMPORTANT POINT
Unintentional homicide is not murder.

JUDGMENT

By Court.—Heard learned senior counsel for the appellants and learned counsel for the State.

2. Both the appellants are aggrieved by the Judgment of conviction dated 12.7.2007 and Order of sentence dated 17.07.2007, passed by the learned Additional Judicial Commissioner-XVIIth, Ranchi, in S.T. No.418 of 2005, whereby, both appellants have been found guilty and convicted for the offences under Sections 302, 323 / 34 of the Indian Penal Code. Upon hearing on the point of sentence, both appellants have been sentenced to undergo life imprisonment and fine of Rs.5,000/- each for the offence under Sections 302 / 34 of the Indian Penal Code, and they have further been sentenced to undergo R.I. for one year each for the offence under Sections 323 / 34 of the Indian Penal Code, and both the sentences were directed to run concurrently.

3. According to the prosecution case, the occurrence had taken place on 26.3.2005 and it is alleged that on the occasion of Holi, the informant Suren Ram had opened a stall for selling colours. It is alleged that both the accused appellants took colours worth Rs.200/- from the said stall, but they did not make the payment and on demand, they threatened for the dire consequences and went away without making any the payment. Thereafter, at about 2 PM, while the informant, his brother Sudhir Ram and his sister’s son Sushil Kumar Verma were going towards Seva Sadan Hospital, both the accused persons came armed with iron rods and they assaulted Sudhir Ram on his head, due to which, he fell unconscious. His sister’s son came to his rescue, who was also assaulted by both the accused persons causing injuries on his hand and thereafter, both the accused persons fled away. The injured brother of the informant was brought to the Nagarmal Modi Seva Sadan Hospital for his treatment, where in course of treatment, he died. The fradbeyan of the informant Suren Ram to the aforesaid effect was recorded at the said Hospital on 26.03.2005 at about 4.00 PM, on the basis of which, Kotwali P.S. Case No.184 of 2005, corresponding to G.R. No.923 of 2005, was instituted for the offence under Sections 302, 323, 325 / 34 of the Indian Penal Code, against both the accused persons and investigation was taken up. After investigation, the police submitted the charge-sheet against both the accused persons.

4. After commitment of the case to the Court of Session, charge was framed against both the accused for the offences under Sections 325 / 34 and 302 / 34 of the Indian Penal Code, and upon the accused persons’ pleading not guilty and claiming to be tried, they were put to trial. In course of trial, the prosecution has examined seven witnesses, including the I.O., and the Doctor conducting the post-mortem examination on the dead body of the deceased, out of whom, one witness namely PW–6 Vijay Ram had turned hostile and had not supported the prosecution case against the accused persons. He has only stated that he saw someone assaulting the deceased and later he learnt that the deceased had died.

5. PW–5 Suren Ram is the informant in the case and the brother of the deceased. This witness has stated that the occurrence had taken place on 26.3.2005, which was a Saturday. He had opened a stall for selling colours, from where the accused persons had purchased colours worth Rs.200/-, but they did not make the payment of money for the same and on demand, they threatened for dire consequences and went away. On the same day, at about 2.00 PM, the informant along with his deceased brother Sudhir Ram and his sister’s son Sushil Kumar Verma were going to the Hospital for taking medicine, when both the accused persons came armed with iron rods and they assaulted the brother of this witness on his head causing bleeding injury and he fell unconscious. The sister’s son of this witness also came to his rescue, who was also assaulted by the accused persons by iron rod causing injury on his hand and when this witness went to save them, both the ac