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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Dinesh Kumar Singh, son of late Chandra Deo Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
PER ANANDA SEN, J.
This Criminal Appeal arises out of the judgment of conviction dated 26.08.2016 and order of sentence dated 27.08.2016 in Sessions Trial No. 34 of 2005 whereby and whereunder learned Additional Sessions Judge-III, Chatra convicted the appellant under Sections 147, 148, 302, 323 of the Indian Penal Code and section 27 of the Arms Act and sentenced him to undergo RI for life with fine of Rs. 25,000/- under Sections 302 of the Indian Penal Code, RI for 3 years with fine of Rs. 5,000/-under Section 27 of the Arms Act, SI for 6 months under section 147 IPC, SI for one year under section 148 IPC and SI for 6 months under section 323 IPC.
2. The learned counsel appearing on behalf of the appellant submitted that the prosecution had neither exhibited the postmortem report of the deceased nor examined the doctor who conducted the postmortem. In absence of the postmortem report, it cannot be said that the deceased died a homicidal death. The witness merely stated that the appellant shot the deceased on his head, but the same has not been corroborated by any medical evidence. The incident occurred on 25.06.2004 but there is no document to suggest when the deceased di
The absence of medical evidence and postmortem report creates reasonable doubt regarding the appellant's conviction for murder under Section 302 IPC.
Under such backdrop the conviction of the appellant under section 27 of Arms Act is maintained.
Murder and grievous hurt – Fatal injury inflicted by sword on chest of victim is offence of murder under Section 302 of IPC.
The court determined that the appellant's actions constituted culpable homicide under Section 304 Part II due to lack of intent, modifying the conviction from murder under Section 302.
The court established that a lack of premeditation and the presence of provocation can reduce a murder charge to culpable homicide not amounting to murder.
Point of Law : Conviction on the basis of statements of two police officials alone is not sustainable.
The prosecution failed to prove that the deceased sustained any firearm injuries, leading to the acquittal of the accused.
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