The court reclassified the conviction for culpable homicide not amounting to murder due to lack of intent, emphasizing knowledge of likely death suffices under IPC Section 304 (Part-II).

JUDGMENT :

MOHIT KUMAR SHAH, J.

The aforesaid appeals preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “CrPC”) arise out of the same judgment of conviction and order of sentence dated 17.12.2015 and 18.12.2015 respectively, passed in Sessions Trial No. 267 of 2014 (arising out of Bagaha P.S. Case No.197 of 2013), by the learned 3^rd Additional Sessions Judge, Bagaha (hereinafter referred to as the “learned Trial Judge”), hence these appeals have been heard together and are being disposed off by the present common judgment and order. By the said judgment dated 17.12.2015, the learned Trial Judge has convicted all the appellants of the aforesaid appeals under Section 148 of the INDIAN PENAL CODE (hereinafter referred to as the “IPC”) and Section 302 read with Section 149 of the IPC and they have been sentenced to undergo imprisonment for life under Section 302 /149 of the IPC with fine of Rs.10,000/- each and in default thereof, they have been further directed to undergo simple imprisonment for six months separately. The appellants of the aforesaid two cases have also been directed to undergo simple imprisonment for a period of one year under Section 148 of the IPC. Both the sentences have been directed to run concurrently.

2. Short facts of the case are that the fardbeyan of the informant, namely, Kishore Mahto was recorded by Jainath Prasad, Sub-Inspector of Police, Bagaha Police Station on 11.05.2013 at 07:45 p.m. at Emergency Ward of Sub-divisional Hospital, Bagaha, West Champaran. The informant Kishore Mahto has stated in his fardbeyan that on 11.05.2013 at about 03:45 in the evening, his elder brother Adalat Mahto along with Prahlad Mahto (PW-2) and Nandu Mahto (PW-3) had gone to the mango orchard situated towards west of village-Kotwa Kapardhika for cutting branch of mango tree for making stool (peedha) for marriage purpose and during the course thereof, the appellants and others totaling ten in all had arrived there. Chhota Mahto was armed with farsa, Sukai Mahto and Arbind Mahto were armed with bhala while all others were armed with lathi and danda. As soon as the aforesaid accused persons had arrived there, Chhota Mahto started assaulting the elder brother of the informant with farsa with the intention of killing him, whereafter Prahlad Mahto and Nandu Mahto, who were cutting the branch of mango tree had tried to save themselves and during the course thereof, Prahlad received injury on the left small finger with the butt of axe. Thereafter, Prahlad Mahto and Nandu Mahto had fled away, fearing that they would be assaulted and came running to the house, however in the meantime the accused persons had caught hold of the elder brother of the informant, namely Adalat Mahto and with an intention to kill him, Chhota Mahto had assaulted him with farsa on his right arm and on the portion below elbow of the wrist of left hand as also on the right leg below knee, resulting in the deceased being cut badly. Thereafter, Arbind Mahto had assaulted the elder brother of the informant by bhala on his waist, leading to deep injury being inflicted. The informant has further stated in his fardbeyan that his cousin brother, who was along with his elder brother, had come to the house and informed him about the occurrence, whereafter they had gone to the place of occurrence where the informant saw his elder brother in an unconscious state, whereupon they had taken him to the Sub-divisional Hospital, Bagaha for treatment, from where he was referred for better treatment to Bettiah. The informant has further stated that it is his claim that the accused persons had assaulted his elder brother with the intention of killing him, have badly cut his hands and legs and there is little chance of his survival. The fardbeyan was read over to the informant, which he had also read and heard and after having understand the same as also finding the same to be correct, he had put his thumb impression over