The court affirmed that involvement in a scuffle leading to murder, even without eyewitnesses to the assault, suffices for conviction under common intention.

JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mrs. Vani Kumari, learned counsel for the appellant and Mr. Rajneesh Vardhan, learned A.P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 04.12.1998 (sentence passed on 15.12.1998) passed by Sri Hari Shanker Prasad, learned Sessions Judge, Santhal Parganas, Dumka in Sessions Case No. 185/1996 whereby and whereunder, the appellant has been convicted for the offences punishable under Sections 302/201/34 IPC and has been sentenced to undergo rigorous imprisonment for life for the offence under Section 302/34 IPC. No separate sentence has been passed for the offence under Section 201 IPC.

3. The prosecution case arises out of the fardbeyan of Udip Singh recorded on 19.04.1996 in which it has been stated that Dipak Yadav was his friend who, apart from being a contractor, had a grocery shop and a flour mill at village Ambachatar. On 19.04.1996, the informant met Dipak Yadav at about 8:00AM who requested him to take him to his flour mill and after some time Dipak Yadav asked the informant to return to Dumka. In the meantime, Dipak Yadav saw Somai Baskey and demanded his dues from him who agreed to pay and asked him to accompany him to his house. At this, the informant, Dipak Yadav and Somai Baskey left on the same motorcycle and on the way, they met Sona Marandi and Dipak Yadav sat in front of the house of Sona Marandi on a cot and asked Somai Baskey to bring the money. The dues of Rs. 130/- having been received by Dipak Yadav, he demanded a cock as earlier promised by Somai Baskey, who instead gave him half bottle of liquor. It has been alleged that while they were drinking liquor, four persons arrived and wanted liquor which led to Dipak Yadav giving them the bottle of liquor. When these persons made further demand of liquor, Dipak Yadav refused at which a scuffle broke out and Dipak Yadav had asked the informant to intimate the labourers in his mill. The informant accordingly informed the labourers as also contacted others about the incident including the family members of Dipak Yadav and when he returned to the mill, he came to know that Dipak Yadav has been murdered. On search, the body of Dipak Yadav was located in a field with several marks of injury on his body.

Based on the afforded allegations, Jama P.S. Case No. 27/96 was instituted under Section 302/34 IPC and 201 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 Case No. 185/1996. Charge was framed against the accused under Section 302/34 IPC and 201 IPC which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as thirteen witnesses in support of its case:

P.W.1 Gopal Prasad Yadav has stated that on 19.04.1996, he had come to know that his son has been murdered. At this information, he had gone to Bandanpahari along with Binod Yadav, Anil Yadav, Anup Yadav and Birendra Yadav. He reached the house of Sona Marandi at Bandanpahari and found blood at the doorstep. The body was dragged and it was conceived in a hillock. They had located the body by following the signs of dragging. He had met Udip Singh, Ashok Thakur and Jageshwar Rai who had disclosed that Dipak Yadav was murdered by Paneshwar Baskey, Paltan Baskey, Somai Baskey and others. They had disclosed about two other persons whom they did not know. They had also disclosed about the manner of occurrence.

In cross-examination, he has deposed that someone from the locality had given him the information about the murder. He had not witnessed the occurrence.

P.W.2 Udip Singh is the informant who has stated that it was a Friday and he was with Dipak. He had met Dipak at 8:00AM, who had asked him to go to his mill at Ambachatar. Both had thereafter gone to Dumka where he purchased some grocery items and thereafter, Dipak had loaded