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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH KUMAR
Mantu Tiwary @ Manoj Tiwary son of Vidya Nand Tiwary – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. overview of charges and trial context (Para 3 , 4 , 5 , 6) |
| 2. testimonies including medical and witness accounts (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. arguments relating to medical evidence and conviction details (Para 16 , 17) |
| 4. judicial observations on conviction and evidence (Para 18) |
| 5. final ruling and order by the court (Para 19 , 20 , 21 , 22 , 23 , 24) |
JUDGMENT :
RAJESH KUMAR, J.
1. The captioned appeals arise out of a common judgment, hence the same have been clubbed and heard together and disposed of with a common judgment.
2. Heard Mr. Vijay Kumar Sharma, learned Amicus Curiae (In Cr. Appeal No.1211/ 2004), Mr. Shree Nivas Roy, learned counsel for the appellant (In Cr. Appeal No.1313/ 2004) and Mr. Bishwambhar Shastri & Mr. Shiv Shankar Kumar, learned A.P.Ps.
3. Both the appeals have directed against the Judgment of conviction dated 06.07.2004 and order of sentence dated 08.07.2004, passed by learned Additional Sessions Judge, Fast Track Court – IV, Giridih, in Sessions Trial No.267 of 2003, arising out of Dhanwar P.S. Case No.13 of 2003, whereby the appellant namely, Mantu Tiwary has been convicted for the offence under Sections 341 / 304 of the India
The absence of intent to kill and the nature of injuries are pivotal in determining culpability under IPC Section 304.
The court ruled that a lack of intent to kill leads to the conversion of conviction from Section 307 IPC to Section 325 IPC, allowing for compounding.
The conviction under Section 307 IPC was overturned due to lack of intention to cause death, while convictions under Sections 323, 324, and 341 IPC were upheld.
The prosecution must prove charges beyond reasonable doubt; convictions based on insufficient evidence and incorrect sentencing cannot be sustained.
The court affirmed the conviction under Section 304(II) IPC, establishing that the accused had knowledge that their actions could likely result in death, based on the nature of injuries inflicted.
The court modified the conviction from murder under Section 302 to culpable homicide under Section 304-I, emphasizing the lack of intent to kill during the altercation.
The court modified conviction from murder to culpable homicide under Section 304 IPC, establishing that the incident arose from sudden provocation and was not premeditated.
The judgment clarifies the distinction between S.304 Part I and Part II of the IPC based on intent and circumstances of the assault leading to death.
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