The medical evidence is a corroborative piece of evidence for the prosecution, and the applicability of Exception 4 to section 300 of the Indian Penal Code must be considered in cases of sudden fights.

JUDGMENT :

(Shree Chandrashekhar, J.)

Mandar PS Case No. 43 of 2012 was lodged on 03.04.2012 against Narayan Sahu, Raju Sahu, Raju Mahto and Lalu Mahto, on an allegation of committing murder of Renu Mahto in furtherance of common intention. After the investigation Lalu Mahto and Raju Mahto were sent up for trial while final form was submitted in favour of Narayan Sahu and Raju Sahu, which was accepted by the learned Trial Court. Lalu Mahto and Raju Mahto are convicted and sentenced to RI for life and a fine of Rs. 10,000/- each under section 302 read with section 34 of the Indian Penal Code with a default stipulation to undergo further RI for one year.

2. In his fardbeyan which was recorded on 03.04.2012 at around 10:00 AM at RIMS, Ranchi in the unit of Dr. Anil Kumar, Vijay Mahto has stated that on occasion of puja (Ramnavmi festival) on 02.04.2012 several persons had assembled for organizing the function. In the morning around 10:30 AM, at the instigation of Narayan Sahu and Raju Sahu his father was assaulted by Raju Mahto with tangi and Lalu Mahto with lathi. His injured father was taken to Mission Hospital, Mandar and then to RIMS, Ranchi where he succumbed to the injuries next morning around 04:40 AM. In course of investigation, the police examined witnesses who are mainly the family members of Renu Mahto. Dr. Sanjeev Kumar who conducted the postmortem examination rendered an opinion that Renu Mahto died due to head injury. In the trial, the prosecution has examined twelve witnesses out of which six witnesses are intimately related to Renu Mahto.

3. In Sessions Trial No. 883 of 2012/ TR No. 25 of 2015, the learned Additional Judicial Commissioner-XI, Ranchi has held that Renu Mahto was murdered in furtherance of common intention of Lalu Mahto and Raju Mahto; the prosecution witnesses are reliable and trustworthy, and; the injury No. (i) over head of Renu Mahto is attributable to Raju Mahto while the injury No. (ii) was caused by Lalu Mahto.

4. The learned Additional Judicial Commissioner-XI, Ranchi has held as under:

“23. From the evidence spelt out above it is crystal clear that PW 1 namely Pustu Mahto, PW 2 Rangnath Mahto, PW 3 Ajay Mahto, PW 4 Ravi Mahto, PW 5 Sanjay Mahto PW 6 Vijay Mahto and PW-11 Kandru Mahto have testified in complete consonance and close proximity with each other by narrating in their examination-in-chief that on 02.04.12 at about 10.30 PM a review meeting after process of Ramnavi was going on in the Shiv Mandir premises of the village. Some persons came to the house of informant and called him on along with his father-the deceased Renu Mahto. They reached at the place of occurrence but within some minutes some hot talks took place and Raju Mahto gave a tangi blow on the head of the deceased Renu Mahto and the accused Lalu Mahto gave a lathi blow on the head of the deceased Renu Mahto from behind. All the above witnesses have identified both the accused with a great certainty and clarity and as per these witnesses at the time when the meeting was going on, an emergency light was lighting there, and there was an unmistakable opportunity to identify the accused in the light of the same and really, they have not mistaken in identifying both the accused.

PW 7 namely Pankaj Kumar Mahto, PW 8 Krishna Bhagat, PW 9 Arun Kumar Sahu and PW 10 Naresh Mahto have fully buttressed the occurrence of murder and have been declared hostile only on the point of identification of the accused. Their failure to identify the accused cannot affect the case because all other 7 eye witnesses have identified them.

24. These PWs from 1 to 11 have categorically buttressed the time of occurrence, place of occurrence, manner of occurrence and the death of the deceased Renu Mahto. PW 12 the I.O. who happened to be the Investigating officer has also categorically mentioned the place of occurrence and has confirmed that the occurrence took place in the premises of Shiv Mandir which is at a distance of 20-30 paces only. In view of