IMPORTANT POINT
The court established that in cases of sudden altercations without premeditation, the appropriate charge may be reduced from murder to culpable homicide not amounting to murder under Section 304 Part II IPC.

JUDGMENT :

R. Mukhopadhyay, J.

Heard Mr. Lalit Yadav, learned counsel for the appellants and Mr. Pankaj Kumar, learned P. P. for the State.

2. Since both these appeals arise out of a common judgment, the same are being disposed of by this common order.

3. These appeals have been preferred against the judgment of conviction dated 03.04.2018 and order of sentence dated 04.04.2018 passed by Sri Vijay Kumar, learned 3rd Additional Sessions Judge, Deoghar in S. T. No. 69 of 2009 whereby and whereunder the appellants have been convicted for the offences punishable under Sections 302 and 307 of I.P.C. and have been sentenced to undergo rigorous imprisonment for life under Section 302 of I.P.C. along with a fine of Rs. 5,000/- and in default in payment of fine to undergo simple imprisonment for six months. They have also been sentenced to undergo rigorous imprisonment for 7 years and a fine of Rs. 5,000/- for the offence punishable under Section 307 of I.P.C. and in default in payment of fine to undergo simple imprisonment for six months.

4. The prosecution story in brief is that on 17.09.2008 at 6:00 A.M., the rain water flowing from the house of Titu Mahto had entered into the house of the informant which resulted in an altercation between the father of the informant, Titu Mahto and the brother of the informant namely, Ashok Yadav at which Titu Mahto, Krishnadeo Yadav and Mithu Mahto variously armed had started abusing them and at the instigation of Titu Mahto, Krishnadeo Yadav gave a tangi blow on the head of Ashok Yadav and when the informant tried to save his brother, Krishnadeo Yadav assaulted him as well on his head with an axe. When both the brothers fell down, they were indiscriminately assaulted by rod by Mithu Mahto. On alarm, neighbours had assembled who pacified the situation.

Based on the aforesaid allegations, Mohanpur P. S. Case No. 173 of 2008 was instituted for the offences punishable under Sections 341, 323, 324, 307, 504 & 34 of I.P.C. against Titu Mahto, Krishnadeo Mahto and Mithu Mahto. Since Ashok Yadav had died during the treatment, Section 302 of I.P.C. was added vide order dated 18.09.2008. On completion of investigation, charge-sheet was submitted under Sections 341, 323, 324, 307, 504, 302/34 of I.P.C. against Titu Mahto, Krishnadeo Yadav, Mithu Mahto and Tara Devi pursuant to which cognizance was taken and the case was committed to the Court of Sessions, where it was registered as S. T. No. 69 of 2009. Charge was framed against the accused persons under Sections 302/307/34 of I.P.C. which was read over and explained to the accused in Hindi to which they pleaded not guilty and claimed to be tried.

5. The prosecution has examined as many as 11 witnesses in support of its case.

P.W. 1 – Urmila Devi has stated that at the time of the incident, she was in her house. Due to rain water entering into her house from the house of Titu Mahto, her brother-in-law, Ashok Yadav started conversing with Titu Mahto and in the meantime, Hargovind Mahto, Mithu Mahto, Krishnadeo Mahto, Mohan Sao and Tara Devi came and Hargovind Yadav gave an order to assault Ashok Yadav. At this Krishnadeo Yadav assaulted Ashok Yadav with an axe on head which led to a bleeding injury. Mohan Yadav assaulted Ashok Yadav on his head with a spade. When Pramod Yadav came to save Ashok Yadav, he was assaulted with an iron rod on head by Mithu Yadav. Both Ashok Yadav and Pramod Yadav due to the assault fell on the ground. The accused persons fled away. Her husband and other villagers took the injured to Mohanpur hospital. She has stated that Ashok Yadav was taken to Sadar Hospital, Deoghar for treatment where he died in course of treatment. The accused Mithu Yadav died while in custody.

In cross-examination, she has deposed that at the time of the incident, none of the villagers had come. Both the sides share a common courtyard. The occurrence had taken place in the courtyard. He had not seen any sort of injuries on the person of the accused. The accused Mith