Conviction under IPC was modified from murder to culpable homicide not amounting to murder due to lack of premeditation and circumstantial evidence indicating familial tension and intoxication.

JUDGMENT :

Rongon Mukhopadhyay, J. :

1. Heard Ms. Tanu Kumari, learned Amicus Curiae in Criminal Appeal (DB) No. 302 of 1999(R), Ms. Ashwani Priya learned Amicus Curiae In Criminal Appeal (DB) No. 116 of 2000(R) and Mrs. Kumari Ramshi, learned APP.

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

3. These appeals are directed against the judgment and order of conviction and sentence dated 06.08.1999 passed by Shri Maheshwar Thakur, learned 2nd Additional Judicial Commissioner, Ranchi in Sessions Trial No. 534 of 1995, whereby and whereunder, the appellants have been convicted for the offence punishable u/s 302/34 of the INDIAN PENAL CODE and have been sentenced to undergo rigorous imprisonment for life.

4. The prosecution case arises out of the fardbeyan of Duggi Linda in which it has been stated that the husband of the informant, namely, Mangra Linda was staying in her village after his retirement from the Army about 5 years back. There was some litigation going on between the husband of the informant and his brother Rupu Linda with respect to some land. Though there was a settlement of the dispute but the accused persons were looking for an opportunity to harm the husband of the informant. It has been alleged on 02.04.1995 Jelhi Linda had an altercation with the informant and when the husband of the informant protested, he was thrown on the ground and assaulted with fists and kicks by Jelhi Linda. A brick was thrown on the face of the husband of the informant which hit him near the right eyebrow. It has been alleged that the accused persons ultimately strangulated the husband of the informant to death.

Based on the aforesaid allegations, Namkum P.S. Case No. 32/1995 was instituted for the offence punishable u/s 302 of the I.P.C. On completion of the investigation, charge-sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as Sessions Trial No. 534 of 1995. Charge was framed against the accused for the offence punishable u/s 302/34 of the I.P.C. and against the accused Jelhi Linda additionally u/s 323 I.P.C. which were read over and explained to them in Hindi to which they pleaded not guilty and claimed to be tried.

5. The prosecution has examined as many as seven (7) witnesses in support of its case.

P.W. 1 Dr. Ram Sewak Sahu was posted as a Medical Officer in the Department of Forensic Medicine, RMCH, Ranchi and on 03.04.1995 he had conducted autopsy on the dead body of Mangra Linda and had found the following :

1. Abrasions -

(i) 4 X 3 cm, 5 X 3 cm, 3 X 2 cm on right shoulder and scapular region.

(ii) 5 X 2 cm on right arm lower part.

(iii) 3 X 1 cm on right lateral chest lower part.

(iv) 3 X 1 cm on right lateral chest.

(v) 5 X 4 cm on left knee front.

(vi) 2 X 2 cm on left shoulder top.

(vii) 3 X 2 cm, 2 X 2 cm on left cheek.

(vii) 3 x 2 cm on left forehead.

(ix) 4 x 2 cm on right cheek.

(x) 2 x 1 cm on right lateral neck.

2. Lacerated wounds:

2 x 1 cm x soft tissue on right eye brow.

3. Internal examination-

There was diffuse contusion of soft tissue of forehead and both temporalist muscles. There was presence of sub dural blood and blood clots ever both sides of brain with contusion of brain.

All the injuries were antemortem in nature caused by hard and blunt substance. The cause of death was opined to be on account of head injury.

The postmortem report has been proved and marked as Ext. 1.

In cross examination he has deposed that he had not found any signs of strangulation.

P.W. 2 Dashmi Linda has stated that it was 5 p.m. and