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2015 Supreme(Jhk) 1298
IN THE HIGH COURT OF JHARKHAND AT RANCHI
R.R. PRASAD AND PRAMATH PATNAIK, JJ.
Hari Pada Modi & Ors. - Appellants
Vs.
The State of Jharkhand - Respondent (in both cases)
Cr. Appeal (DB) Nos. 1056 and 1023 of 2007
Decided On : 7-10-2015
For the Appellants : N.K. Sahani.
For the State : Mrs. Lily Sahay and Krishna Shankar, APP.
The main legal point established in the judgment is the interpretation of common object under Section 302/149 of IPC and the requirement for direct involvement in the commission of the offense.
Headnote:
Murder - Common Object - Indian Penal Code - Section 302/149, Section 324, Section 323, Section 325
Fact of the Case:
The appellants were convicted for the murder of Jaggu Rajwar and for making an attempt on the life of Prafulya Rajwar and Paru Rajwarin. The prosecution's case was that the appellants assaulted the deceased and others during an altercation, resulting in the death of the deceased and injuries to the others.
Finding of the Court:
The court found that only two appellants were directly involved in the assault leading to the death of the deceased, while the others were wrongly convicted under Section 302/149 of IPC. The court acquitted the appellants except for Dharma Modi, who was convicted for causing fracture to PW 6. The court also set aside the conviction and sentence of Kamal Modi and Balram Modi as no evidence was found against them.
Issues: The main issue was whether all the appellants shared a common object in the assault leading to the death of the deceased, and whether their convictions under Section 302/149 of IPC were justified.
Ratio Decidendi: The court held that only two appellants were directly involved in the assault leading to the death of the deceased, and the others did not share the common object. The court also considered the evidence and found that the convictions of Kamal Modi and Balram Modi were not supported by the evidence.
Final Decision: The appeal was partly allowed, with the court acquitting most of the appellants and setting aside the convictions and sentences of Kamal Modi and Balram Modi.
Both the appeals since arising out of the same judgment were heard together and are being disposed of by the common order.
2. The appellants Hart Pada Modi, Lakhiram Modi and Ram Pada Modi (all appellants in Cr. Appeal (DB) No. 1056 of 2007) and also the other appellants of Cr. Appeal (DB) No. 1023 of 2007 namely Kunwar Modi, Jagnu Modi, Pratham Modi, Lodha Modi, Kantu Modi, Kamal Modi, Balram Modi, Dharma Modi were put on trial along with Shibu Modi (died during pendency of this appeal) for committing murder of Jaggu Rajwar and also for making an attempt on the life of Prafulya Rajwar and Paru Rajwarin. The Court having found all the appellants guilty for committing murder of Jaggu Rajwar in furtherance of their common object convicted them under Section 302/149 of the Indian Penal Code and further convicted the appellants Kamal Modi, Balram Modi and Dharma Modi for the offence under Sections 324, 323 and 325 of the Indian Penal Code respectively vide judgment dated 12.07.2007 passed in Sessions Trial No. 369 of 2002. Accordingly, the trial Court sentenced all the appellants to undergo imprisonment for life and to pay a fine of Rs. 500/- for the offence under Section 302/149 of IPC and further sentenced the appellants Kamal Modi, Balram Modi and Dharma Modi to undergo imprisonment for two years six months and two years for the offences under Sections 324, 323 and 325 respectively. Dharma Modi was also sentenced to pay a fine of Rs. 500/-.
3. The case of the prosecution is that on 08.09.2002 at about 7.30 p.m. the appellant Kunwar Modi came to the house of the deceased jaggu Rajwar and took him to a temple-Hart Mandir. There altercation took place in between them as some dispute arose with respect to contributions made for reconstruction of the temple. In that course appellant Lakhiram Modi and Hari Pada Modi who were having tangi with them. Ram Pada Modi, Lodha Modi and Shibu Modi having farsa and rest having lathi assaulted Jaggu Rajwar. In that course, when the informant Prafulya Rajwar-PW 5 and Paru Rajwarin-PW 6, the wife of the deceased came to rescue Jaggu Rajwar (deceased) they were also assaulted as a result of which Paru Rajwarin sustained fracture over her hand. Meanwhile, the deceased died at the spot. Thereupon, the informant and others brought the dead body to their house.
4. On the next day i.e. 09.09.2002 the S.I.-R.A. Khan, officer-in-charge of Chas Mufassil police station when came to village, recorded the fardbeyan (Ext. 2) of the informant Prafulya Rajwar-PW 5 wherein he narrated about the incident as has been stated above.
5. On the basis of the fardbeyan, a formal F.I.R (Ext.3) was drawn and the case was registered against these appellants as well as Shibu Modi (died during pendency of the appeal). The I.O. after holding inquest on the dead body of the deceased sent the dead body for post-mortem examination which was conducted by Dr. B. Prasad-PW 7, who upon holding autopsy on the dead body, did find following injuries :-
(i) Fine cut 5" x 1/4" x scalp bone deep over middle of scalp.
(ii) Fine or sharp cut 3 and 1/2" x 1/4" x 1/4" over left temporal part of skull.
(iii) Sharp cut 4" x 1/4" x scalp bone deep over left temporal part of skull.
(iv) Sharp cut 4" x 1/4" x bone deep over middle of chin.
(v) Sharp cut 3" x 1/4" x skull bone deep over left side of frontal part of skull.
On dissection-Fracture of left temporal and occipital bone was found. Blood and blood clots over surface of brain was found. Meninges and brain were intact but contused. Cranial cavity was found filled with blood' and blood clots. Left lung was found echimosed. Left second to fourth ribs were round fractured. There was blood and blood clots on the left side of thoracic cavity.
Doctor issued post-mortem examination report (Ext. 1) with an opinion that death was caused clue to cardio-respiratory failure due to massive haemorrhage and shock on account or injuries caused to the vital organs like brain and lungs.
On the same day, the doc
