The intentional act of dashing the deceased with a vehicle constituted murder under Section 302 IPC, supported by credible eyewitness testimony and medical evidence.

JUDGMENT

By Court, : 

29 th November, 2024

This Criminal Appeal is preferred on behalf of the appellant being aggrieved by the judgment of conviction and order of sentence dated 27.05.2002 passed by Learned Additional District & Sessions Judge, Fast Track Court-III, Giridih, in Sessions Trial No.128 of 2000, whereby and wherein the appellant has been convicted for offence under Section 302 I.P.C. and was sentenced to undergo imprisonment for life under Section 302 I.P .C.

2. Heard learned counsel for the appellant and learned A.P .P. for the State and perused the materials available on record.

3. Mr. Anisurzzama Khan, learned Amicus Curiae  representing the appellant submits that a road accident has been given the colour of murder. P.W.-1 is a chance witness and P.W.-3 who is the informant cannot be said to be an eye witness as there is discrepancy in his deposition and in his fardbeyan. He also argues that the wife and the mother of the deceased had filed an application under the Motor Vehicles Act claiming compensation wherein they claimed that the deceased died because of the road accident, which demolishes the prosecution case. He further argues that the injury report also does not suggest that the deceased was crushed to death by a motor vehicle of this appellant. On these grounds, he prays for acquittal of the appellant.

4. Per contra, Mr. Abhay Kumar Tiwari, learned A.P.P. representing the State vehemently opposes the Criminal Appeal and submits that P.W.-1 is an independent witness and was a passenger who has exactly narrated what had happened. From his statement, it is clear that the deceased was murdered by this appellant. He further submits that the medical report also supports that the deceased died because of the injuries and the assault was made by hard and blunt substance. The Doctor found fracture of the frontal bone and left zygomatic bone. He also found that the right pinna was badly smashed which supports the prosecution case that the deceased was dashed by the vehicle and was murdered.

5. The prosecution story is based on the fardbeyan of the informant (P.W.-3). He was present at the place of occurrence. He stated that both the deceased and the appellant were drivers of their respective passenger vehicles. Two passengers sat in the vehicle of the deceased when the appellant came with his vehicle and demanded that the passengers be shifted in his vehicle, to which the deceased objected and an altercation took place when this appellant threatened the deceased that he will smash the deceased with his vehicle. By saying this, he took his vehicle and dashed the deceased, as a result of which he died.

6. On the basis of aforesaid fardbeyan, F.I.R. being Giridih Town P.S. Case No.215/99 was registered under Section 302 IPC against the appellant and charge sheet was submitted under Section 302 IPC. Thereafter cognizance was taken and the case was committed to the Court of Sessions.

7. To prove the prosecution case, total 09 witnesses have been examined.

8.  P.W.-8 is the Doctor. He found the following injuries on the dead body of the deceased:-

External Injuries:-

1. Right pina badly smashed

2. Lacerated wound on right cheek 1” x ½” x skin deep

3. Lacerated wound on back 2” x 1”x skin deep

4. Bruise on left side of scalp over frontal area 3” x 2”

5. Bruise around left eye

 On Dissection:-

Skull fracture of frontal bone and left zygomatic bone. Brain matter-blood present. Ribs intact. In the heart blood present in the right chamber. Lungs congested. Stomach contained dark blood. Liver kidney spleen congested. Mucosa NAD. Hyoid bone intact. Trachea- NAD.

9. The post-mortem report was marked as Ext.4. From his evidence and the post-mortem report, we find that the Doctor found that the right pina of the deceased was badly smashed. There were bruises and laceration. There was fracture on the frontal bone and left zygomatic bone. This clearly suggest that the deceased was dashed and the death was