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IN THE HIGH COURT OF JHARKHAND
RONGON MUKHOPADHYAY, ARUN KUMAR RAI, JJ.
Padmawati Mahato, W/o Barun Kumar Mahato - Appellant
Vs.
The State of Bihar (Now Jharkhand) - Respondent
Criminal Appeal (DB) No. 13 of 1999 (R)
Decided On : 08-04-2025
(A) Indian Penal Code, 1860 - Sections 302/34 and 307/34 - Conviction and sentence for murder and attempted murder - The appellant was convicted for the offences punishable under Sections 302/34 and 307/34 IPC, sentenced to life imprisonment and seven years R.I. respectively, both sentences to run concurrently. (Paras 2, 3)
(B) Burden of proof - The prosecution must prove its case beyond reasonable doubt. The court found that the prosecution failed to establish the appellant's complicity in the murder beyond reasonable doubt, leading to the appeal's allowance. (Paras 21, 22)
Facts of the case:
The case arose from an altercation over cattle damaging crops, resulting in the assault of Nitai Mahato by Barun Mahato, with the appellant allegedly assisting. The appellant's role was contested, with contradictions in witness testimonies. (Paras 4, 18)
Findings of Court:
The court noted the prosecution's failure to prove the appellant's involvement in the murder beyond reasonable doubt, leading to the overturning of the conviction. (Paras 21, 22)
Issues: The main issues included the appellant's specific role in the assault and the sufficiency of evidence against her.
Ratio Decidendi: The court ruled that mere presence at the scene does not equate to complicity in the crime, emphasizing the need for clear evidence of shared intention. (Paras 21)
Result: Appeal allowed; conviction and sentence set aside.
JUDGMENT :
Rongon Mukhopadhyay, J.
Heard Mr. Amit Kumar, learned Amicus Curiae for the appellant and Mrs. Nehala Sharmin, learned Spl. P.P. for the State.
2. This appeal is directed against the judgment and order of conviction and sentence dated 02.12.1998 passed by Sri S.H. Kazmi, learned 3rd Addl. Sessions Judge, Jamshedpur in Sessions Trial No. 242 of 1993, whereby and whereunder, the appellant has been convicted for the offences punishable u/s 302/34 of the IPC and u/s 307/34 of the IPC and has been sentenced to imprisonment for life for the offence u/s 302/34 of the IPC and R.I. for seven years for the offence u/s 307/34 of the IPC. Both the sentences were directed to run concurrently.
3. The original appellant no. 1 Barun Kumar Mahato @ Barun Mahato had died during the pendency of this appeal which has been noted in the order dated 10.12.2024 and this appeal, therefore, survives only with respect to Padmawati Mahato.
4. The prosecution case arises out of the fardbeyan of Sunil Chandra Mahato recorded on 08.02.1993, in which, it has been stated that on the same day the goat and ox of Barun Mahato were eating Rahar saplings at which the younger brother of the informant Manohar Mahato had chased away the cattle. At this, the wife of Barun Mahato came and demanded an explanation as to why the cattle have been beaten. This resulted in an altercation between the informant, his father and his cousin brother Barun Mahato and being enraged Barun Mahato took out an iron rod from his house and indiscriminately assaulted the father of the informant on his head.
Based on the aforesaid allegations Patamda P.S.Case No. 6 of 1993 was instituted u/s 341/323/324/447/307 of the IPC. On completion of 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. 242 of 1993. Charge was framed against the accused u/s 302/34 of the IPC and u/s 307/34 of the IPC which was read over and explained to her in Hindi to which she pleaded not guilty and claimed to be tried.
5. The prosecution has examined as many as eleven witnesses in support of its case.
6. P.W.1 (Dr. Y Nath) was posted as an Assistant Professor Forensic Medicines Department, MGM Medical College, Jamshedpur and on 09.02.1993 he had conducted autopsy on the dead body of Nitai Mahato and had found the following:
(A) Stitched lacerated wounds.
(i) 3 cm (‰ cm x scalp deep) over occipital scalp lower part with three stiches.
(ii) 4 cm (‰ cm x scalp deep) over the upper left occipital scalp with four stitches.
(iii) 5 cm (‰ cm x scalp deep) over the right occipital scalp upper part. There was a crack fracture of the right occipital bone.
(iv) 2‰ cm (‰ cm x scalp deep) over the right frontal scalp with V shaped crack fracture under the wound involving right frontal bone. Another depressed fracture extending from Rt. crack fracture upto tempera occipital bone of right side measuring 19 cm x 2 cm.
(B) Internal injuries- There was contusion of the whole scalp and whole brain and soft tissues of face, blood and blood clots in the cranial cavity.
The death was opined to be due to head injury. The antemortem injuries were caused by hard and blunt substance. He has proved the post-mortem report which has been marked as Exhibit-1.
7. P.W.2 (Dhananjay Mahato) has stated that he was in the door of his house when he saw Nitai Mahato being caught hold of by Padmawati and Barun Mahato assaulted Nitai Mahato on his head 4-5 times with a rod. The incident took place at a distance of ten hands from the place where he was standing. The incident occurred due to the fact that the goat and ox of Barun Mahato were devouring Rahar plants which initially resulted in an altercation and subsequently it culminated in an assault. He had not taken any steps to prevent the incident.
In cross-examination, he has deposed that the duration of the assault was 2-4 minutes. He had not tried to save Nitai Mahato from being assaulted. He ha
The mere presence of an accused at the crime scene does not establish complicity in the crime without clear evidence of shared intention.
The court upheld the conviction for murder based on overwhelming eyewitness testimony and medical evidence, emphasizing that the absence of motive does not negate guilt.
The court emphasized that contradictions in eyewitness testimonies undermine the prosecution's case, necessitating the reversal of convictions due to insufficient evidence.
The court emphasized the necessity of careful scrutiny of witness testimonies and the principle of benefit of doubt in criminal cases, leading to acquittals and affirmations of convictions based on e....
Conviction for murder upheld based on consistent eyewitness accounts despite concerns about the independence of witnesses, highlighting the relevance of cohesive testimonies over minor contradictions....
The absence of a reasonable explanation from the accused, in the presence of circumstantial evidence, can establish guilt under Section 106 of the Evidence Act.
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in eyewitness testimonies led to the reversal of conviction.
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.
The court ruled that reliance on a solitary eyewitness was misplaced due to inconsistencies, leading to the conclusion that the conviction was not supported by reliable evidence.
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