Intentionally inflicted harm transitioning from provocation to murder, negating claims of provocation under IPC.

JUDGEMENT

Date : 19-08-2021

[1.] The present appeal has been filed against the Judgment & Order dated 05.12.2019 passed by the Court of the Additional Sessions Court, Champhai in Sessions Case No. 175/2017 arising out of Criminal Trial No. 1398/2017, by which the appellant has been convicted under Section 302 IPC and sentenced to undergo Rigorous Imprisonment for life with a fine of Rs. 5,000/-, in default Simple Imprisonment for 5 (five) months vide Sentence Order dated 11.06.2020.

[2.] The prosecution case in brief is that on 15.07.2017, one Sh. T. Daithanga submitted an FIR to the Officer-in-Charge, Ngopa Police Station, to the effect that his grand-daughter, namely Smt. Rosy Khawltawichiangi (35) was beaten up by her husband, the appellant, on 15.07.2017 at around 10:00 AM and that Smt. Rosy Khawltawichiangi succumbed to her injuries on the same day. Pursuant to the FIR, Ngopa Police Station registered a case vide NOP-PS Case No. 4/2017 under Section 304 of the Indian Penal Code Act, 1860 ( IPC ) dated 15.07.2017 against the appellant and two others.

[3.] During the course of investigation, the Investigating Officer came to learn that the appellant alongwith Smt. Rosy Khawltawichiangi, who is the deceased wife of the appellant, were enroute to Kawlbem Village from Ngopa Village to purchase a pig, in the vehicle owned and driven by Sh. K. Lallianzuala, i.e. accused No. 2. The accused No. 2 was also accompanied by his wife Smt. Dengkungi (accused No. 3), Sh. R. Lalmuanpuia (PW-3) and two boys. It was during the journey from Ngopa Village to Kawlbem Village that an argument had started between the appellant and the deceased wife, Smt. Rosy Khawltawichiangi, where upon the appellant had apparently beaten up his deceased wife. Thereafter, the deceased wife succumbed to her injuries on the same day.

[4.] Sh. K. Lallianzuala and Smt. Dengkungi were made accused Nos. 2 & 3 by the I.O, on the ground that they did not do anything to stop the appellant from beating up the deceased Smt. Rosy Khawltawichiangi, though they were all known to each other. The I.O, after investigation, found a prima facie case under Section 302 /109/34 IPC against the appellant (accused No. 1) and the two other co-accused Nos. 2 & 3. Charge under Section 302 /109/34 IPC was framed against the appellant, the accused No. 2 and accused No. 3 on 03.11.2017. Thereafter, 7 prosecution witnesses, 17 defense witnesses and 1 Court witness were examined by the Trial Court. The statements of the accused were thereafter recorded under Section 313 CrPC and the impugned Judgment & Order dated 11.06.2020 was passed by the Trial Court.

[5.] The appellant was convicted under Section 302 IPC and sentenced to undergo R.I for life and to pay a fine of Rs. 5,000/-, i/d S.I for 5 (five) months. The Trial Court also convicted the accused No. 2 (Sh. K. Lallianzuala) under Section 109 IPC and sentenced him to suffer R.I for a period of 3 (three) months and to pay a fine of Rs. 5,000/-, i/d S.I for 5 (five) months. The accused No. 3 (Smt. Dengkungi) was acquitted. Being aggrieved, the present appeal has been filed by the appellant (accused No. 1).

[6.] The learned counsel for the appellant submits that the facts of the present case and the evidence adduced goes to show that the appellant’s deceased wife died due to the injuries suffered by her due to the beating she received at the hands of the appellant. However, as there was no intention or premeditation to cause the death of the deceased by the appellant, the learned Trial Court could not have convicted the appellant under Section 302 IPC . He submits that the conviction should be set aside as the appellant can be convicted only under Section 304 Part I or 304 Part II IPC .

[7.] The learned counsel for the appellant submits that the findings of the Trial Court is mainly based on the evidence adduced by PW-2, who is also a passenger in the vehicle, which left Ngopa Village for Kawlbem Village and PW-7, who is the Medical O