The Court ruled that provocation and lack of intent in a homicide can warrant a conviction under culpable homicide instead of murder.

JUDGMENT :

The Appellant, namely, Purna Bhatra, by filing this Appeal from inside the jail, has assailed the judgment of conviction and order of sentence dated 26th October, 2021 passed by the learned Sessions Judge, Nabarangpur in C.T. No.12 of 2019 arising out of G.R. Case No.724 of 2018, corresponding to Nabarangpur P.S. Case No.215 of 2018 of the Court of learned Sub-Divisional Judicial Magistrate (S.D.J.M), Nabarangpur.

The above noted Appellant, by the impugned judgment of conviction, has been convicted for commission of offence under section 302 of Indian Penal Code, 1860 (in short, ‘the IPC ’) and has been sentenced to undergo imprisonment for life and pay fine of Rs.5,000/- (Rupees Five Thousand), in default to undergo rigorous imprisonment for 1 (one) month for commission of the said offence.

Prosecution Case :-

2. On 24.10.2018 around 8.00 a.m., when the accused was taking paddy from the field of Sada Bhatra, protest was made from the side of said Sada Bhatra and then the accused assaulted Sada by means of an iron rod and stone. Said Sada, receiving the injuries, fell down on the ground and lost his sense. Thereafter, Sada, being taken to the Hospital, was declared dead by the Medical Officer, who examined him.

A written report to the above effect, being lodged by Bhuban Bhatra (Informant-P.W.2), who happens to be the son of Sada (deceased), namely, Bhuban Bhatra before the Inspector-in- Charge (I.I.C.) of Nabarangpur Police Station, he treated the same as FIR (Ext.1) and upon registration of the case, directed the Sub- Inspector (S.I.) of Police (P.W.20) to take up the investigation.

3. In course of investigation, the Investigating Officer (I.O- P.W.20) examined the informant (P.W.2) and other witnesses and recorded their statements under section 161 Cr.P.C. He (P.W.20), visiting the spot, prepared the spot map (Ext.12). From the spot, the I.O. (P.W.20), after having seized sample earth under seizure list (Ext.8), proceeded to District Headquarters Hospital, Nabarangpur, where the dead body of the deceased was lying. There, he (P.W.20) held inquest over the dead body of the deceased and prepared the report to that effect (Ext.2) and then sent the dead body for post mortem examination by issuing necessary requisition. The wearing apparels of the deceased and accused were seized by the I.O. (P.W.20) under seizure lists marked as Exts.6 & 3 respectively. On the same day, i.e., on 24.10.2018, the I.O. (P.W.20) apprehended the accused and it is stated that he, while in police custody, stated to have kept concealed an iron rod and a piece of stone under the ridge of the land of ne Rajmohan Bhatra of Village-Nisnahandi and further told that if he would be taken to that place, he would give recovery of the same. Pursuant to the said statement, which was recorded vide Ext.4, the accused, having led the I.O. (P.W.20) and others to said place, he is said to have given the recovery of the iron rod and piece of stone, which were seized under seizure list (Ext.5). The seized incriminating articles were sent for chemical examination through Court. On completion of the investigation, the I.O. (P.W.20) submitted the Final Form placing this accused to face the Trial for commission of offence under section 302 of the IPC .

4. Learned S.D.J.M., Nabarangpur, having received the Final Form as above, took cognizance of the offence under section 302 of the IPC and after observing the formalities, committed the case to the Court of Sessions for trial. That is how the Trial commenced against the accused by framing the charge for the said offence against the accused.

5. In the Trial, prosecution in total has examined twent