The court established that a sudden fight during a property dispute led to a finding of culpable homicide not amounting to murder under Section 304 IPC, rather than murder under Section 302 IPC.

JUDGMENT :

Sujit Narayan Prasad, J.

1. These three appeals arise out of the same impugned judgment of conviction and sentence, as such, directed to be listed together for analogous hearing.

2. All the three appeals are being taken up together.

3. At the outset, learned counsel appearing for the appellants has submitted that the appellant Manoranjan Guha, Appellant No.2 of since has died in course of pendency of the appeal, therefore, the appeal may be abated so far as it relates to Appellant No.2 Manoranjan Guha is concerned.

4. Accordingly, Criminal Appeal (DB) No.667 of 2011 stands abated so far as it relates to appellant Manoranjan Guha.

5. The Criminal Appeal (DB) No.667 of 2011 is, therefore, confined to only appellant Smt. Bani Guha @ Bani Rani Guha.

6. It has been informed to this Court on behalf of Appellant No.1 Smt. Bani Guha @ Bani Rani Guha of Criminal Appeal (DB) No.667 of 2011 that she has been directed to be released on bail on suspension of sentence vide order dated 30.01.2012.

7. So far as the appellant of Criminal Appeal (DB) No.634 of 2011, namely, Biswajit Guha is concerned, he has also been directed to be released on bail on suspension of sentence vide order dated 30.01.2012.

8. Therefore, only Debjit Guha @ Deojeet Guha, appellant in Criminal Appeal (DB) No.685 of 2011 is in custody 2009.

9. The appeals are directed Judgment of conviction dated 1st December, 2011 and Order of sentence dated 2nd December, 2011, passed by learned Sessions Judge-II, Jamshedpur, in Sessions Trial Case No.341 of 2009 arising out of Potka P.S. Case No.24 of 2009 (G.R. Case No.985 of 2009) registered under Section 302 /323/379/34 of the INDIAN PENAL CODE for committing murder of Ranjit Guha on 24.04.2009 in the house of accused Manoranjan Guha which culminated into the judgment of conviction under Section 302 of the INDIAN PENAL CODE (IPC) convicting accused/appellant namely, Deojeet Guha appellant in Cr. Appeal (DB) No.685 of 2011 and convicting other accused persons namely Biswajit Guha, appellant in Cr. Appeal (DB) No.634 of 2011, Bani Guha and Manoranjan Guha (since deceased), appellants in under Section 302 /34 of the INDIAN PENAL CODE . Further accused persons namely Deojeet Guha and Biswajit Guha have also been convicted under Section 323 of the IPC and accused/appellant Debjit Guha has been convicted under Section 379 of the IPC. Accordingly, Deojeet Guha has been directed to undergo rigorous imprisonment for life with fine of Rs.10,000/- for the offence committed by him under Section 302 I.P.C. The other convicts, namely, Biswajit Guha, Bani Guna and Manoranjan Guna are also sentenced to undergo rigorous imprisonment for life for the offence committed by them under Section 302 /34 I.P.C. with the fine of Rs.10,000/- each. In default of payment of fine, all the convicts have been directed to undergo S.I. for six months. No sentence has been awarded to the convicts for the offence committed by them under Section 323 and 379 I.P.C. because the above sentence will serve the purpose.

10. The prosecution story in brief as per the allegation made in the First Information Report reads hereunder as :-

11. According to the fardbayan of the informant, Nupur Guha recorded by Bistupur Police at T.M.H. Police Camp, the case of the prosecution was that the husband of the informant and accused Manoranjan Guha were own brothers and they had some land in village-Bara Deoli and in that land, there is a Dugri (a small hill of stone chips). In that Dugri accused persons had engaged labourers for breaking stone. The son of the informant Ranjit Guha went there and objected on the ground that he had also share in that Dugri. This occurrence took