The court clarified the distinction between murder and culpable homicide, emphasizing that sudden altercations without premeditated intent can lower the charge under IPC.

JUDGMENT :

SONI SHRIVASTAVA, J.

1. The aforesaid two appeals are being taken up for hearing together since they arise out of the same judgment of conviction and the order of sentence. The aforesaid appeals under Sections 374(2) read with Section 389(1) of the CRIMINAL PROCEDURE CODE , 1973 (hereinafter referred as ‘Cr.P.C’) have been preferred against the common judgment of conviction and order of sentence dated 29.03.2016 and 31.03.2016 respectively, passed in Sessions Trial No.826 of 2014 (arising out of Bhargama P.S. Case No.35 of 2014) by the learned Additional District and Sessions Judge-IV, Araria (hereinafter referred to as ‘learned Trial Judge’). By the said judgment, the learned Trial Judge has convicted the appellants of both the aforesaid appeals for commission of offence under Sections 302 read with Section 34 of the I.P.C. and sentenced them to undergo rigorous imprisonment for life with a fine of Rs.10,000/- each and in default thereof has further imposed sentence of simple imprisonment of one (01) year.

3. The short facts of the case, as disclosed in the First Information Report, based on the fardbayan of Md. Saheb (PW- 6) recorded on 16.03.2014 at 09:30 a.m. at Akarthapa, is that on 15.03.2014 while his uncle Md. Azarul (PW-2) was getting the court-yard of his house filled with mud, his neighbors Md. Kallamuddin, Md. Saiyed, Md. Ajaj @ Bauka and Md. Saiyyad, objected to taking the tractor through their land. It is further alleged that in the night all the accused persons held a meeting at their house and decided that they would not allow the tractor laden with earth to go by that way. On the date of occurrence i.e. on 16.03.2014, at around 07:30 a.m., while the mother of the informant, Meena Khatoon (deceased) was at the door and was talking to them in order to resolve the issue, all of a sudden Md. Saiyyed got into a verbal altercation with the informant’s mother and started hurling abuses and also exhorted to assault her. It is further alleged that by the time the informant came out, he saw that Md. Kallamuddin, Md. Saiyyed and Md. Naushad had caught hold of his mother and Md. Ajaj @ Bauka, who was ripping a bamboo cob/root of maize by means of an axe, assaulted the mother of the informant on the right side of her neck by the said axe owing to which she fell down and due to serious injury, she died on the spot immediately. Thereafter, a crowd assembled at the place and caught hold of two accused persons while others managed to escape. The informant has also stated that after his statement was read over to him and he had found the same to be correct, he had put his signature over the same ( Exhibit-1/1). There are two witnesses to the fardbeyan, one being Md. Sahil Anwar (not examined) and one Sahjahan, PW-8.

4. After recording the fardbeyan, a formal F.I.R. bearing Bhargama P.S. Case No.35 of 2014 was registered for offences under Section 302 read with Section 34 of the I.P.C. on 16.03.2014 at around 2:30 p.m., against four accused persons, being two appellants and two others, who are Md. Saiyyed and Md. Naushad. After thorough investigation, the police submitted a charge sheet on 31.05.2014 against the present two appellants, for offences under Section 302 read with Section 34 of the I.P.C., while keeping the investigation pending against the other accused persons. On the basis of the said charge sheet, cognizance was also taken on 18.06.2014 for offences under Section 302 /34 of the I.P.C. against the appellants. The case was committed to the court of sessions on 15.07.2014 and was numbered as Sessions Trial No. 826 of 2014