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2020 Supreme(Jhk) 1109
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SHREE CHANDRASHEKHAR, RATNAKER BHENGRA, JJ.
Fuchana Gosai @ Fulchand Gosai, S/o. Late Regta Gosai & Ors. - Appellants
Versus
The State of Jharkhand - Respondent
Criminal Appeal (D.B.) No. 839 of 2012 with Criminal Appeal (D.B.) No. 808 of 2012
Decided On : 31-08-2020
For the Appellants :Mr. Kripa Shankar Nanda, Advocate.
For the State : Mr. Bhola Nath Ojha, A.P.P.
The main legal point established in the judgment is that the evidence must establish the knowledge of the accused regarding the common object of the assembly in cases involving vicarious liability under Section 149 IPC.
Headnote:
Conviction - Murder - IPC 302/149, IPC 324/149, IPC 452/149 - The court found that the appellants are liable to be convicted under Section 326/34 IPC instead of section 302/149 IPC. Their conviction under section 324/149 IPC and section 452/149 IPC are converted into under section 324/34 IPC and 452/34 IPC.
Fact of the Case:
The appellants challenged the judgment of conviction and the order or sentence dated 02.07.2012, passed in Sessions Trial No. 84 of 2004. The case involved a land dispute between the agnates, leading to an assault on the deceased and his family resulting in the death of the deceased and injuries to the family members.
Finding of the Court:
The court found that the appellants are liable to be convicted under Section 326/34 IPC instead of section 302/149 IPC. Their conviction under section 324/149 IPC and section 452/149 IPC are converted into under section 324/34 IPC and 452/34 IPC.
Issues: The issues revolved around the nature of the injuries, the presence of the accused at the time of occurrence, and the establishment of the common object of the assembly of the accused persons.
Ratio Decidendi: The court held that the evidence did not establish that the appellants had knowledge that murder may be caused in furtherance of the common object of the assembly. The court also considered the nature of injuries and the presence of a counter-case, leading to the conclusion that the appellants are liable to be convicted under Section 326/34 IPC.
Final Decision: The judgment of conviction and the order of sentence of R.I. for life and fine under section 302/149 IPC were set aside. The appellants were convicted and sentenced to R.I. for ten years under section 326/34 IPC. Their conviction under section 324/149 IPC and section 452/149 IPC were converted into under section 324/34 IPC and 452/34 IPC, and the sentences were affirmed. The appellants were set free forthwith.
JUDGMENT :
Shree Chandrashekhar, J.
Fuchana Gosai @ Fulchand Gosai, who is the appellant in Criminal Appeal (D.B.) No. 839 of 2012 and Baijnath Gosai, who has filed Criminal Appeal (D.B.) No. 808 of 2012, have challenged the judgment of conviction and the order or sentence both dated 02.07.2012, passed in Sessions Trial No. 84 of 2004.
2. The appellants have been convicted and sentenced to R.I for life and fine of Rs.1,000/- each under section 302/149, IPC for committing murder of Chamru Gosai, R.I for one year and fine of Rs.1,000/- each under section 324/149, IPC for voluntarily causing hurt to Fulchand Gosai by dangerous weapons and R.I for five years and fine of Rs.1,000/- each under section 452/149, IPC for committing house-trespass after preparation for causing hurt to the prosecution witnesses.
3. Gumla P.S. Case No. 262 of 2003 was lodged on 14.12.2003 against Parmeshwar Gosai @ Meso, Baijnath Gosai, Bhaura Gosai, Durgesh Gosai, Sudeshwari Gosai and Fuchana Gosai under sections 147, 148, 149, 452, 341, 323, 324, 307 and 302 IPC. After the investigation a charge-sheet was submitted against them and cognizance of the aforesaid offences was taken by the Court on 24.03.2004. However, charges were framed only against Parmeshwar Gosai, Baijnath Gosai, Sudeshwari Gosai and Fuchana Gosai under section 302, 307, 452 read with section 149, IPC. A separate charge under section 148 IPC was also framed against them vide order dated 06.07.2004.
4. The case of the prosecution is that in the night of 13.12.2003, at about 8:00 p.m., Chamru Gosai and his family had retired to bed. The accused persons barged entered the house and caught hold of Chamru Gosai, dragged him outside the house and started assaulting him with baluwa, bhujali and lathi. Fulchand Gosai and his wife who had tried to intervene were also assaulted by them. There was a land dispute between the agnates, particularly with Fuchana Gosai @ Fulchand Gosai and that is said to be the reason for the occurrence. During the trial the prosecution has examined ten witnesses out of whom P.W. 3, a co-villager, has been declared hostile and P.W. 4, another co-villager, has not supported the prosecution; they are inquest witnesses.
5. P.W. 5, Dr. Ajit Kumar Agrawal has conducted the post-mortem examination on 15.05.2003 at 9:00 a.m. and found one incised wound of about "8 inches x 1-1/2 inches x 2 inches" in size over left parietal region of the skull and one incised wound of the size of "1 inch x 1/2 inch x 1/4 inch", muscle deep in the middle portion of the forehead. The injuries were found ante-mortem in nature and caused by sharp-cutting weapon. In the estimation of P.W. 5 the time elapsed since death was between 24-36 hrs.
6. Chamru Gosai has died in the occurrence is not disputed by the defence, though the manner of occurrence has been disputed by the accused persons.
7. P.W. 5 has also examined Fulchand Gosai on 14.05.2003 at 11:45 a.m. and found the following injuries on him :
"I. One lacerated wound of about 1" x 1/4" x scalp deep obliquely placed over right side of vertex (head) X-ray skull aps and lateral view shows no bony injuries.
II. Swelling of nose with bleeding from the nose without bony tenderness.
III. One linear abrasion reddish in colour over forehead with slight crust.
IV. One incised wound of 1" x 1/4" x muscle over right index finger in middle falings.
V. One incised wound of about 1/4" x 1/4" x muscle deep over right middle finger in middle portion.
VI. One incised wound of 1/4" x 1/4" x muscle deep over right ring finger over middle falings.
VII. One incised wound of about 1" x 1/4" x muscle deep, 1/4" x 1/4" x muscle deep and 3/4" x 1/4" x muscle deep over left index finger, middle finger and ring finger on middle faling respectively.
VIII. One reddish abrasion 1/2" x 1/2" with slight, rust over right of ankle.
IX. Complaint of chest pain X-ray chest shows no bony injuries."
8. P.W. 1 is wife of the deceased; P.W. 2 and P.W. 6 are daughters of the deceased; P.W.8 and P.W.
