IMPORTANT POINT
Culpable homicide may be reduced to a lesser charge of culpable homicide not amounting to murder if committed in the heat of passion during a sudden quarrel without premeditation, as per Exception 4 of Section 300 IPC.

JUDGMENT :

Ananda Sen, J.

The appellant has preferred this appeal against the Judgment of Conviction dated 18th January, 2014 and Order of Sentence dated 23rd January, 2014 passed by the Additional Judicial Commissioner 17, Ranchi in Sessions Trial No.70 of 2009, whereby the appellants have been held guilty and convicted for the offence punishable under Sections 302/34 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for life and a fine of Rs.5,000/-each and in default of payment of fine to undergo further simple imprisonment for three months each.

2. Learned counsel for the appellants submits that the prosecution has miserably failed to prove the motive behind the occurrence. He submits that there are major contradictions in the statements of the prosecution witnesses. He submits that the P.W.1 is a hearsay witness. The statement of P.W.2 is contradictory as in her examination-in-chief she has stated in paragraph 3 that while Chotku Lohra was on his way for his home, the appellants stopped him and started arguing with him and thereafter she and the deceased reached there when the appellants assaulted the deceased, whereas at paragraph 7, she has stated that while they were returning home from the house of Chotku Lohra, the appellants assaulted her husband. Learned counsel further submits that P.W.3 is an interested witness. In cross examination, he stated that as there was dark, he could not see as to which weapon the appellants were armed with. Further P.W.4 has stated that it was he and the deceased who accompanied Chotku Lohra to his home and while they were returning, the incident took place. He has not stated that wife of the deceased was also with them. This witness has further stated that at the time of incident he only was present there, which makes a dent to the prosecution case. P.W.5, at paragraph 5 of his cross examination has stated that when he reached the place of occurrence on hearing hulla, he saw about 10 persons present there, but in paragraph 8 he stated that when he reached the place of occurrence, nobody was there. Learned counsel submits that these are major contradictions in the deposition of the witnesses, which creates doubt about their credibility. He further submits that no lathi was seized from the place of occurrence. Learned counsel argues that though as per the prosecution witnesses, deceased was assaulted with lathi and 10-15 lathi blows were given, yet in the postmortem report, save and except the head injury, doctor did not find any other injury on the body of the deceased. Learned counsel submits that all these flaws create a shadow of doubt over the prosecution case, which the learned Trial Court has failed to appreciate and has, thus, wrongly convicted the appellants.

3. Learned A.P.P. for the State submits that the learned Trial Court has correctly convicted the appellants as there are sufficient materials as against the appellants to prove their guilt. He submits that the prosecution witnesses have stated in a uniform manner that the appellants have assaulted the deceased due to which he sustained injuries resulting in his death. He submits that there is no ambiguity or contradictions in the depositions of the prosecution witnesses so as to create any doubt over the prosecution case. The postmortem report also corroborates the assault and the cause of death has been opined as injury caused on the head of the deceased. Thus, he submits that the impugned judgment of conviction and order sentence need no interference by this Court.

4. We have heard the learned counsel for the appellant and the learned A.P.P. for the State and have also gone through the records and the entire evidence.

5. Prosecution case is based on the fardbeyan of the informant Rolo Mundain, recorded on 13.08.2008. She stated that on 11.08.2008, after completing the paddy sowing, there