Sudden quarrel without premeditation, single stab in heat of passion without undue advantage or cruelty attracts Exception 4 to Section 300 IPC; offence reduced from Section 302 murder to Section 304 Part I culpable homicide.

JUDGMENT :

Pradeep Kumar Srivastava, J.

We have heard Mr. Gautam Kumar, learned counsel for the appellant and Learned Spl.P.P. for the State.

2. The instant criminal appeal is directed against the judgment dated 21.03.2023, passed in S.T. No. 188 of 2021, by the learned Sessions Judge, West Singhbhum at Chaibasa, whereby and whereunder, the appellant has been held guilty for the offence under Section 302 of the IPC and sentenced to undergo imprisonment for life along with a fine of Rs. 10,000/- with default stipulation.

Factual Matrix:-

3. Factual matrix giving rise to this appeal is that on 09.05.2021, at about 08:00PM, informant’s husband Ankura Doraiburu went to participate in marriage ceremony along with his younger brother namely Laxman Doraiburu (present appellant). It is alleged that while returning from the marriage party, both brother started quarrelling with each other on the question of sale of their Ox and reached near the courtyard of their house. Meanwhile, Laxman Doraiburu whipped out a knife and with intention to kill his brother stabbed from the backside of the body, due to which, Ankura Doraiburu sustained severe injuries and brought to CHC, Jagannathpur for treatment but died in the way to Hospital.

4. The F.I.R. was lodged by the wife of the deceased (P.W.-4) namely Manisha Doraiburu which was registered for the offence under Section 302 of the IPC against the above named sole appellant.

5. After investigation, charge-sheet was submitted for the said offence and after taking cognizance, the case was committed to the Court of Sessions, where S.T. No. 188 of 2021 was registered. The appellant denied from the charge and claimed to be tried.

6. In course of trial, altogether seven witnesses were examined by the prosecution.

7. Apart from the oral testimony of witnesses, following documentary evidence has been adduced:-

i. Exhibit-1/PW1-Signature of P.W.-1 namely Ramchandra Laguri upon Seizure List

ii. Exhibit-1/1 /P.W.2 -Signature of P.W.-2 namely Mora Purty upon Seizure List

iii. Exhibit-P-1/2/PW6-Seizure List in writing and signature of S.I. Jouni Kumar of Jagannathpur P.S.

iv. Exhibit-P-2/PW6- Fardbeyan in writing and signature of S.I. Jouni Kumar of Jagannathpur.

v. Exhibit-P2/1/PW6- Endorsement on Fardbeyan to register the case in writing and signature of P.W.-6 namely Devsay Bhagat, I.O.

vi. Exhibit P3/PW6- Carbon Copy of inquest report in writing and signature of S.I. Jouni Kumar of Jagannathpur P.S.

vii. Exhibit-P4/PW6- Formal FIR prepared by Billu Mahto, Computer Operator under supervision of P.W.6 namely Devsay Bhagat, I.O.

viii. Exhibit P5/PW7- Post-Mortem Report of deceased in writing and signature of P.W.7 Dr. Md. Khalid Anjum.

ix. Exhibit-P6- Biological Examination Report

x. Exhibit P-6/1-D.N.A. Examination Report

8. On the other hand, the case of the defence is denial from occurrence and plea of innocence along with plea of alibi of the accused that he was not present at the place of occurrence at the relevant date and time.

9. The learned trial court after evaluating the evidence available on record held the appellant guilty and sentenced for the offence under Section 302 IPC as stated above which has been assailed in this appeal.

Submissions on behalf of appellant: -

10. Mr. Gautam Kumar, learned counsel for the appellant has argued that out of seven witnesses examined in this case by the prosecution except P.W.-4, wife of the deceased-cum-in