The court modified the conviction from murder to culpable homicide not amounting to murder under IPC, emphasizing the impulsive nature of the assault and the adequacy of the time already served as punishment.

JUDGMENT :

R. Mukhopadhyay, J.

1. Heard Mr. Md. Rajaullah Ansari, learned counsel for the appellant and Mrs. Nehala Sharmin, learned Spl.P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 04.02.1997 passed by Mr. Philip Topno, learned Sessions Judge, Singhbhum West at Chaibasa in S.T. No. 130 of 1995 whereby and whereunder the appellant has been convicted for the offence under section 302 IPC and has been sentenced to undergo rigorous imprisonment for life.

3. The Fardbeyan of Sune Kui was recorded on 30.11.1994 in which it has been stated that on 29.11.1994 at 7.30 P.M. the husband of the informant had come back from Mangal Hat and a trickle of blood was seen oozing out from his head. On being asked the husband of the informant had disclosed that at the Hariya shop of Loke he was having Hariya by parking his bicycle and in the meantime, somebody had taken away his bicycle which resulted in a quarrel between the husband of the informant and Dampa Bari (appellant) which aggravated to an assault between both of them. The villagers intervened and separated both the sides after which the husband of the informant started for his house along with Birsa Banra, Longa Banra and Lollo Bari. It was further disclosed by the husband of the informant that after a short distance from the Hariya godown near the bushes Dampa Bari had assaulted on the back of his head with a stick. Lollo Bari had snatched the stick from the hand of Dampa Bari. It has been alleged that after having dinner the husband of the informant went to sleep and, in the morning, he was not able to speak at which he was being taken to Chaibasa Hospital and on the way near Amina Chowk he succumbed to his injury.

4. Based on the aforesaid allegations, Muffasil P.S. Case No. 120/1994 was instituted against Dampa Bari. 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 ST No. 130 of 1995. Charge was framed under Section 302 IPC against the accused which was read over and explained to him in Hindi, to which he pleaded not guilty and claimed to be tried.

5. The prosecution has examined as many as 9 witnesses in support of its case.

6. P.W.1 Dr. Bishambhar Deyal was posted as a Civil Assistant Surgeon at Sadar Hospital, Chaibasa and on 01.12.1994 he had conducted autopsy on the dead body of Bika Banra and had found the following:-

External: Lacerated wound over left parietal region 2”x ½”x bone deep.

Lacerated wound over occipital region 2”x ½”x bone deep.

On dissection: Head- Fracture of left parietal bone Fracture of occipital bone Fracture of base of skull Neck- Nothing abnormal detected (N.A.D.)

Stomach-Empty. Urinary bladder- Full All viscera- Intact.

The cause of death was opined to be on account of the above-mentioned injuries. The weapon used was hard and blunt such as Danda. He has proved the post-mortem report which has been marked as P.W.1.

In cross-examination, he has deposed that except two injuries, no other injury was found on the person of the deceased.

7. P.W.2 Sune Kui is the informant and the wife of the deceased who has stated that it was a Tuesday when her husband had disclosed that he had been assaulted by Dampa Bari on account of a quarrel with respect to the theft of his bicycle. There was an injury on the head of her husband. On the next day, she had taken her husband to the hospital, but on the way he died. She had thereafter gone to the Police station with the dead body of her husband where her Fardbeyan was recorded. She has stated that she does not know Dampa Bari. In cross-