IMPORTANT POINT
[The court established that in cases of sudden quarrel without premeditation, the appropriate charge may be modified from murder to culpable homicide not amounting to murder, emphasizing the importance of intent and circumstances surrounding the incident.]

JUDGMENT :

Subhash Chand, J.

Criminal Appeal (DB) No. 168 of 2015 has been directed on behalf of the appellant Narayan Hembram @ Naran Hembram against the judgment of conviction dated 12.10.2012 wherein the appellant Narayan Hembram @ Naran Hembram was convicted for the offence under section 302 of the Indian Penal Code and sentenced with imprisonment for life and a fine of Rs. 5,000/-.

2. Criminal Appeal (SJ) No. 78 of 2013 has been directed on behalf of the appellant Sunil Hambram @ Sunil Hembram against the judgment of conviction dated 12.10.2012 wherein the appellant was convicted for the offence under section 324 of the Indian Penal Code and sentenced with rigorous imprisonment of three years.

3. Both these appeals have been directed against one and same case crime, therefore, both are decided by this common judgment.

4. The brief facts of the prosecution case leading to these Criminal Appeals are that the fardbeyan of the informant Kanahailal Hembram was recorded on 23.10.2005 at 10:30 in night at the Primary Health Centre in which the allegations are made that his uncle Supai Hembram had cut the tree of Neem, Choula and Haat standing on his own land. His uncle and the informant went to their agriculture field and in their absence, Sunil Hembram, Anil Hembram, Narayan Hembram, Jeebu Hembram, all resident of Sunsuniya, P.S. Chakulia, District-East Singhbhum, Jharkhand had taken the wood of those cut tree to their house. When his uncle, his grandfather and he, came back to their house in the evening, found the wood of the cut trees missing. On making queries, it came to know all the above four accused had taken the same to their house. Thereafter he, his grandfather Parav Hembram and his uncle Supai Hembram reached at 8:30 in the evening to the house of Sunil Hembram in regard to the whereabout of the woods of the cut tree. On this very issue, Sunil Hembram armed with axe assaulted on his head. Anil Hembram who was armed with the lathi assaulted on the hand of Parav Hembram, the grandfather of the informant. Narayan Hembram and Jeebu Hembram both were armed with the lathi had assaulted on the back arm. On raising alarm, the persons of the locality attracted there and the informant Kanhailal Hembram and his grandfather Parav Hembram, both were taken to the Primary Health Centre, Chakulia for treatment. On this very written information, Chakulia Case Crime No. 68 of 2005 was registered under Sections 341, 324, 307 read with 34 of the Indian Penal Code against Sunil Hembram, Anil Hembram, Jeebu Hembram and Narayan Hembram and after death of Prav Hembram, the Section 302 of Indian Penal Code was also enhanced.

5. The Investigating Officer after having concluded the investigation filed charge-sheet against the four accused persons Sunil Hambram @ Sunil Hembram, Narayan Hembram @ Naran Hembram, Anil Hembram and Jeebu Hembram for the offence under sections 341, 323, 307, 302 read with 34 of IPC. Out of the four persons, two accused persons Anil Hembram and Jeebu Hembram being juvenile their case was separated and was sent to trial to the Juvenile Court.

6. The charge was framed against both the two accused Sunil Hembram and Narayan Hembram. The charge was read over and explained to both the accused persons who denied the same and claimed to face the trial.

7. On behalf of the prosecution to prove the charge against both the accused persons in oral evidence examined altogether nine witnesses i.e. PW1-Vikram Hembram, PW2-Chatra Hembram, PW3-Bhim Mardi, PW4-Samu Hembram, PW5-Somai Hembram, PW6-Supai Hembram, PW7-Kanahailal Hembram, PW8-Dr. J. Sriniwas Rao and PW9-Dr. Harendra Kumar Alok and in documentary evidence, the prosecution has adduced Exhibit-1 inquest report, Exhibit-2 signature of Kanhailal Hembram on the fardbeyan; Exhibit-2/1, signature of Singrai Hembram on the fardbeya, Exhibit-3 postmortem report, Exhibit-4 injury report.

8. The statement of the accused persons were recorded under Section 313 of the Code of Criminal P