IMPORTANT POINT
The court distinguished between murder and culpable homicide, concluding that the appellant's actions fell under Section 304 Part-I due to lack of intent and premeditation.

JUDGMENT :

Ananda Sen, J.

Appellant has preferred this appeal against the Judgment of Conviction and Order of Sentence dated 23rd September, 2015 and 7th October, 2015 passed by the learned Additional Sessions Judge, Simdega in Sessions Trial No.202 of 2011, whereby and whereunder the appellant has been convicted under Section 302 of the Indian Penal Code and has been sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/- for the offence under Section 302 of the Indian Penal Code and in default of payment of fine, appellant has to suffer three months’ additional simple imprisonment.

2. Jashmani Topno (informant) who is wife of the deceased and mother of the appellant, in her beyan stated that on 23.10.2011 at about 07.00 p.m. her husband Lalo Topno (deceased) and her son Mukesh Topno (appellant) were taking dinner in the house. In the meantime, her son started demanding money to purchase one motorcycle, which her husband refused on the ground that now he does not have money as he spent his entire money upon them. On this reply appellant, who was under the influence of alcohol, became ferocious and after leaving food, he rushed towards his room and brought one hockey stick and started assaulting her husband (deceased). She tried to save her husband, but the appellant struck hockey stick on the forehead of her husband, thus, he sustained injury, blood started oozing and he became senseless. On her alarm, neighbours reached. With their help, she brought her husband at Jaldega Hospital, where the doctor declared him as dead. She has further alleged that in the course of saving her husband, she also sustained injury on her head.

3. On the basis of the fardbeyan of the informant, Jaldega Police Station Case No.33 of 2011 dated 23.10.2011 was registered under Section 302 of the Indian Penal Code against the appellant. After investigation, chargesheet was submitted, whereupon the Chief Judicial Magistrate, Simdega took cognizance of the offence and the case was committed to the Court of Sessions. Charge was framed against the appellant under Section 302 of the Indian Penal Code and trial was started.

5. Prosecution, in order to bring home the charge, had examined altogether 10 (ten) witnesses, namely, P.W.1 Rashmi Topno, P.W. Jina Topno, P.W.3 Jashmani Topno, P.W.4 Dr. Prabhu Sahay Linda, P.W.5 Albert Bilung, P.W.6 Tarsious Bage, P.W.7 Dr. Aradhana Sanga, P.W.8 Prithibi Harizan, P.W.9 Ajaj Ahmad Khan. One Court Witness, namely, C.W.1 Manas Kumar Das was also examined.

P.W.1 Rashmi Topno is the daughter of the deceased and sister of the appellant. She has stated in her evidence that her mother was serving food to her father and her brother, but in the meantime, the appellant demanded money from the deceased to purchase one motorcycle on which the deceased replied that now he does not have the money and on this issue, the appellant brought one hockey stick and hit on the head of the deceased and due to the injuries, he became unconscious. The deceased was brought to the hospital, where the deceased was declared dead. She further stated that the appellant used to consume alcohol.

P.W.2 is Jina Topno is the son of the deceased and brother of the appellant. He has stated in his evidence that on 23.10.2011 at about 07.00 p.m. her mother (P.W.3) was providing food to her father (deceased), to him and her brother Mukesh Topno (appellant), but in the meantime, the appellant demanded money from the deceased to purchase one motorcycle on which deceased replied that now he does not have the money as he has spent his entire money upon them. Out of rage, the appellant brought one hockey stick and hit on the head of the deceased and he died spontaneously. He further stated in his cross-examination that the appellant is mentally fit and he used to consume alcohol and appellant has given single blow on the head of the deceased.

P.W.3 Jashmani Topno is the informant. She is wife of the deceased and mother of the appellant. She has stated in he