Participants in a sudden quarrel may be convicted of lesser offenses if murder intent is absent, emphasizing distinctions in culpability based on intent and circumstances.

JUDGMENT :

DEVNARAYAN MISHRA, J.

1. This appeal has been preferred being aggrieved with the judgment dated 21.11.2024 passed by Fifth Additional Sessions Judge, Headquarter-Waidhan, District-Singrauli in S.T. No.138 of 2015 by which the appellants have been convicted for the offence punishable under Section 148 of the Indian Penal Code and sentenced to suffer R.I. for 03 years with fine of Rs.2,000/- under Section 323 /149 (on two counts) of the Indian Penal Code and sentenced to suffer R.I. for 01 year with fine of Rs.1,000/- (on each count) and under Section 302 /149 of the Indian Penal Code and sentenced to suffer Life Imprisonment with fine of Rs.6,000/- each with default stipulations respectively.

2. In nutshell the prosecution case before the trial Court was that on 05.05.2015 at about 09:00 am, the appellants were cutting the Palas tree standing on the field of victim party. The injured Rambahore (PW-1) and deceased Devpratap objected, on that the appellants Gorelal, Motilal, Ramdayal who were having axe and Bhagwan Das, Prabhakar and Laxmi were having lathi with the common object of unlawful assembly started beating the victim party. Motilal assaulted Rambahore with blow of an axe and after that Ramdayal, Gorelal assaulted him by the handle of axe and when deceased Dev Pratap tried to rescue his father, appellants Bhagwan Das, Prabhakar and Laxmi Prasad started assaulting his son with lathis and Laxmi Prasad Vaishya assaulted the victim and deceased Dev Pratap by tangi. The deceased became unconscious and fell down on the ground and Rajkumari (P.W-5) reached on the spot, appellant Motilal assaulted her by stone. The victim by dialing 108 called ambulance. The injured and the deceased were brought to District Hospital, Waidhan during treatment, deceased Dev Pratap died. F.I.R was lodged at Police Station-Mada, District- Singrauli for the offence punishable under Sections 147 , 148, 149, 302 & 323 of the Indian Penal Code. Dead body was sent for autopsy. Appellants were arrested and from their possession weapon of assault were recovered. After usual investigation, charge-sheet was submitted and sent to the trial Court.

3. Trial Court framed the charges under Sections 148 , 323/149 (on two counts), 302 and in alternate 302/149 of the Indian Penal Code read over to the appellants. The appellants abjured the guilt and prayed for trial. The trial Court recorded the prosecution evidence and examined the appellants under Section 313 of the Code of Criminal Procedure.

4. The appellants had taken defence that they have falsely been implicated in the case. The deceased and his parents were themselves assailants and they had caused the injuries. They had assaulted the appellants and the counter case was registered. They were medically examined. The point of the dispute was Palas tree that was standing in the field of appellants but the deceased and his father wanted to forcibly cut the Palas tree and wanted to take the wood of the tree for their use. Appellants were already present and cutting the tree. Appellants themselves had suffered the injuries when to save themselves they assaulted the victim. The injury suffered by Rambahore (PW-1) is simple in nature and the quarrel suddenly took place. There was no intention on the part of the appellants. The trial Court after hearing the parties passed the impugned judgment.

5. Learned senior counsel for the appellants has submi