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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, ARUN KUMAR RAI
Arjun Rawani – Appellant
Versus
State of Bihar (now Jharkhand) – Respondent
JUDGMENT :
Rongon Mukhopadhyay, J.
1. Heard Mr. B.M. Tripathi, learned Senior Counsel for the appellants and Mr. Pankaj Kumar, learned P.P. for the State assisted by Mr. Arvind Kumar Choudhary, learned counsel appearing for the informant.
2. This appeal is directed against the judgment and order of conviction and sentence dated 23.08.1995 (sentence passed on 25.08.1995) passed by Shri Shyama Prasad Singh, learned Sessions Judge, Deoghar in Sessions Case No. 69 of 1994, whereby and whereunder, the appellants Pabrit Rawani, Sukhdeo Rawani and Rawan Rawani have been convicted for the charge u/s 302 of the IPC and have been sentenced to R.I. for life, appellants Pabrit Rawani, Gogal Rawani, Rawan Rawani and Bishwanath Rawani have been convicted for the charge u/s 307 of the and have been sentenced to R.I. for 10 years, the appellants Pabrit Rawani, and Arjun Rawani and Bali Rawani have been convicted for the charge u/s 323 of the and have been sentenced to R.I. for 01 year. The sentences passed against Pabrit Rawani and Rawan Rawani were directed to run concurrently.
3. The prosecution case arises out of the fardbeyan of Barka Rawani recorded on 22.07.1993, in which, it has been st
The court affirmed that the appellants' actions constituted unprovoked assault resulting in death, negating their claim of private defense, supported by consistent eyewitness accounts.
The evidence presented failed to establish intent to kill, leading to conviction under Section 304 Part II IPC rather than murder under Section 302 IPC.
Conviction and sentence can be upheld where ocular evidence of injured is corroborated by medical evidence of doctor.
The conviction was modified from Section 304(Part-II) to Section 325 of IPC, establishing that while the actions resulted in serious injury, they did not demonstrate the intent necessary for murder.
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