The judgment established the principle that the nature of the assault, presence of premeditation, and relationship between the parties are crucial factors in determining the appropriate conviction under the Indian Penal Code.

JUDGMENT :

Heard Mr. Vikash Kumar, learned Amicus Curiae for the appellant and Mr. Saket Kumar, learned A.P.P. for the State.

2. This appeal is directed against the judgment of conviction dated 29.07.1995 and order of sentence dated 31.07.1995 passed by Shri Bharat Prasad Sharma, learned Judicial Commissioner, Ranchi in S. T. No. 340 of 1988 whereby and whereunder the appellants have been convicted for the offence under Section 302 of Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life.

3. During the pendency of the appeal, the appellant no. 2 – Bobby Mundain had died and therefore the appeal had abated as against the appellant no. 2 vide order dated 10.04.2019. This appeal is therefore now restricted to the appellant no. 1 (hereinafter referred to as the ‘appellant’) – Topal Munda.

4. The fard beyan of Herambi Mundain was recorded on 18.09.1987 in which she has stated that for some days, she and her brother-in-law were not keeping well. At about 8:00 P.M., her husband called Mulla Pahan for treatment. Mulla Pahan had started sprinkling turmeric, salt and rice and some rice accidently fell in the house of Topal Munda. At this, the wife of Topal Munda started shouting that by doing such act Mulla Pahan was projecting her as a witch. In course of quarrel, her husband came out and assaulted Topal Munda. The wife of Topal Munda – Bobby Mundain had pressed the testicles of the husband of the informant and Topal Munda had brought a knife and gave a blow on his chest as well as on his hand. When the informant raised an alarm, her brother-in-law Lakhan Munda came out by which time the accused persons fled away. The husband of the informant died at the spot.

Based on the aforesaid allegations, Murhu P. S. Case No. 45 of 1987 was instituted against Topal Munda, Bobby Mundain and Mulla Pahan for the offences punishable under Sections 302/34 of Indian Penal Code. Charge was framed under Section 302 I.P.C. which was read over and explained to them in Hindi to which they pleaded not guilty and claimed to be tried.

5. The prosecution has examined as many as 10 witnesses in support of its case.

P.W. 1 – Panda Lohar has deposed that about one and half years back, he had seen the dead body of Gahnu Munda in front of the house of Topal Munda. He has identified his signature in the inquest report which has been marked as Exhibit 1. He has proved his signature in the seizure list with respect to seizure of blood stained earth which has been marked as Exhibit 1/1.

In cross-examination, he has deposed that the distance between the house of Gahnu Munda and Topal Munda is about 15 yards.

P.W. 2 – Buka Mahto has proved his signature on the inquest report, which has been marked as Exhibit 1/2. He has also proved his signature in the seizure list of blood stained earth which has been marked as Exhibit 1/3.

P.W. 3 – Lakhi Mundain has deposed that Gahnu Munda was murdered about one year back. It was night and she was sick. When she heard the alarm raised by Gahnu, she came out from the courtyard and saw Bobby Mundain pulling the testicles of Gahnu Munda and Topal Munda had struck on the chest of Gahnu Munda with a knife, as a result of which Gahnu Munda fell down and died.

In cross-examination, she has stated that Gahnu and Topal are her brothers-in-law. She had seen Gahnu being assaulted. Topal Munda had assaulted Gahnu once. It was dark, but she had not come out with light. She thereafter stated that a Dhibri was burning. She has further deposed that after the incident Bobby Mundain and Topal Munda fled away.

P.W. 4 – Herambi Mundain is the informant who has deposed that on the date of occurrence, she was inside her house while her husband Gahnu Munda and accused Topal were outside. Bobby Mundain was pulling the testicles of her husband and Topal had stabbed her husband with a knife and she was also pushed by Topal and thereafter Topal and Bobby had fled away. Her husband had fell down and died. She had given a statement to the police.