Altercation due to a love triangle led to unintentional death; court ruled for culpable homicide, not murder, emphasizing the lack of premeditation.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant appeal, filed under Sections 374 (2) of the Code of Criminal Procedure, is directed against the judgment of conviction dated 05.06.2013 and order of sentence dated 12.06.2013 passed by the learned District & Additional Sessions Judge-II, Dumka in Sessions Case No.238 of 2009, whereby and whereunder, the appellant has been convicted for the offence punishable under Section 302 of the INDIAN PENAL CODE and sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of the INDIAN PENAL CODE .

2. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of prosecution case, as per written report of informant, which reads as under:

3. As per the written report of the informant namely Binod Hembrom P.W.11 who is the elder brother of the deceased Santosh Hembrom that the deceased had fallen in love with Chunai Hansda for last one year. The brother of the informant, namely, Santosh Hembrom (deceased) wants to marry with her. His family members were agreed for the marriage, but they suggested that recently, they have spent a lot of money in “Sharadh” (Death rituals) of grandmother, hence, requested him to wait for some time. It is further stated that the accused Matheus Tudu had also fallen in love with same girl namelyChunai Hansda.

4. It is alleged that about 10 days ago of the occurrence, some altercation had taken place in between Matheus Tudu, the appellant herein and the deceased. In the evening of 29.05.2009 at about 7 p.m., the deceased went to the house of Sunil but he did not return in night.

5. In the next morning, the informant along with others started searching of his brother and they were going towards village Bhulkumrarh and they reached near Canal of Tobadadi, then they saw the cycle of the deceased in a field. They also saw that one dead body was lying in the canal and big stone was put on the back of the body. The body was identified by them as the body of deceased Santosh Hembrom. They also saw blood stain in huge quantity and mark of dragging the dead body to the canal. They requested to Chowkidar of the village to inform the local police. They also enquired with Sunil. He informed them that at about 9:00 p.m., the deceased went from his house. After sometime, police came there and took the dead body from the canal. They also saw some injury marks on the dead body.

6. On the basis of written report of the informant, Raneshwar P.S. Case No.40/09 dated 30.05.2009 was registered against the sole accused person under Section 302 /34 of the IPC and investigation was started.

7. After completion of investigation, the Investigating Officer submitted charge-sheet against the accused person, namely, Matheus Tudu under Section 302 of the INDIAN PENAL CODE and the accused was sent up for trial.

8. Thereafter, the cognizance of the offence was taken against the sole accused person and the case was committed to the Court of Sessions. The charge was framed against the accused person, who had pleaded not guilty and claimed to be tried.