Jharkhand High Court

Por The vs Unknown on 27 January, 2021

 

IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Appellate Jurisdicticn)

Cr, Appeal (9B) No. S85 of 2014

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Ramial Sharma, son of Late Maran Lal Sharrna, resident of C "handmarn Roe

by

PO and PS Chakradharpur, District- West Si inahbhum ee Appell lant

Versus
The State of Jharkhand a .. Respondent

Ween gm ean

 
 

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Heard throagh V0. on 26° & 27 Ismusry 2521)

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PRESENT
HON BLE MR.OJUSTICE SHREE CHANDRASHERHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA

A ae

  

Por the Appellant

f - Mr. Ralesh Ramar, Advacate
Por the State OM

Ar Sanjay Kumar Srivastava, APP

 

Chakradharpur BS. Case No. 35 of 2009 was lodged against
Ramlal Sharma on 26.03.3006 on the allegation that he has commitied
raurder af Janki Devi, his mother. In his fandheran which was recorded at
O8-G0 PM on 26.03.3009, Ganesh Sharma who is grandson of the deccased
has stated that Ramla! Sharma who was quarreling with his mother for a

share in bis house property has assaulted her with hammer. At about

04:30 PM, he was sitting at the inp floor of his house whie Rita Sharma, Ms
aumg, was in her room. He heard cries of his grandmother, se onmeciately

came down and saw that his uncle was assaulting his grandmother with :
hammer. He called Ais aunt and inied to get hold of the hammer and
armrehen: tx sata Bia ehaead hirs | came Siete heavewuer Kie annie
apprehend his uncle. He chased him to some disumce howeve: his unele
escaped and then he came back borne where he found his grandmother
writhing in pain, lot of bload was oozing from her head. With the nelp of the

neighbours he took her to Government Hospital w

 

ieee Ate ay vatieweaed ter Ballwau Laesital adzacd eheex rca exe ie
First Aid and referred to Railway Hospital. Jaki Devi died the same day in

eourse of ber treatment at Railway Hospital. After the investigation a

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Ox Appeal (8) Ne. S88 ef 20%3

; eye Slr pdied is weevee ae the evidences adduced by fe GEFORCE. oo...

A. in Sessions Trial No. [37 af 2009, the anne

and sentenced to RY for life and a fine af Rs, SO00s

Indian Penal Code, with a default stipulation is underge $

Ss. Mir. Rajesh Kumar, the learned course! for the ampellant subrreits

7, another eyewitness, has net seen the

we haw Pulled te megedsilodk e the prosecution has failed to establish

the place of occurrence which was visible ta her while being inside the room,

Phere was a motive for PWS and PW to fal

grab his share in the family properties and gps In the prosecution case create

SP ees

serious doubis an the manner of occurrence as deseribad by the witnesses

The allemative argurnent raised by the learned counsel for the appellant fs

yee

fhai the prosecution has failed to establish that the appellant intended fo cause

death of his mother and the case set up by the prosecution as would appear

¥ ~

from examination of the appellant under section 313 CrP brines his case urider Exception 4 to section 300 of the Indian Penal Code.

6. PWT- Shankar Vishwakanma is a neighbor of the appellant whe has stated in the Court that he has signed the inquest report and in his presence police has collected bleod from the room and a seizure-list was

prepared which was signed by him. He came to know that the appellant has

assaulted his mother by hammer and fled away, He has seen the deac-hody of

anki Devi at Railway Hospital, Chakracharpur, PW2-Doepak Sao is also a

SEIZURE He has deposed in the Court that In the evening of

26,03 2¢ she came back home he heard that the appellant has killed

his mother with hammer. He had gone to the Hospital te see Jank) Devi where she died in course of the treatment. PW3-Vishwanath Prasad Sharma is the cousin brother of Me appellant whe Ip nthe aflernoon of 26.0 his shap. On information that the appellant has assaulted his mother he had gone to Hospital. He has stated that the inquest was conducted at the Hospita

and he has signed the inquest report. PW4 is the younger brother of the

appellant who has deposed in the Court thet at about 08:00 PM on

Ne Ye Os ty Wie whee at Sirinsiar: Adele SD cies ae? Daw erewaet Shee bre 26.03.2009 be was in his shop at Sunday Markel (Acar? Bazaar}, where he

ne oo wens woh rac oo poy not poet pon.

oy bee

saiftedd the mather wit

os = oe pees pee ~~ aoe = oA ow.

Pa.

oo Oh te yon "m oe, nad % oe paw we < fe $a La Sar Ur

gone to Government Hospital at Chakradharour where he was

» Appeal (D8) Ne. 383 af 2014 informed that the mured was taken to Railway Hospital and by the treme he reached there his mother had passed away. He has seen head injuries on her mather and on enquiry the informant told him that Ramial Sharma has assaulted the mother and fled away, PWS who is the mformant and PW? whe is the daughterin-law of Janki Devi have fully supported the prosecution case against the appellant. PW&-Smi. Savitri Sharma is fhe elder daughter-in-law of the deceased. She has stated that at about 04:00-05:00 PM

she had gone fo the house of a neighbor to attend pula. On hearing thet the

apoellant has assaulted her motherin-law she came hame and saw her lying

injured in a pool of blood. She has seen head Injuries on her motherin-law and PWT told her that the appellant has assaulted his mother.

2 PWS and PW? are the star witnesses for prosecution; both have seen the appellart assaulting Janki Devi whh hammer The incident has occurred at around 04:00-05:00 PM and at that time presence af PW, housewile, im the Rouse was quite natural. PWS has stated in his

vross-examination thet in the afernoon around the time when the accurrence

tock place normally he would be at the shop and om that basis 1 is contended that he is a chance witness. Mr. Raiesh Kurnar, the learned counsel for the appellant weuld submit that the appellant was living at Chandi and the prosecution has failed te produce the hammer with which Janki Devi was

3 ~

assaulted and since there is clear motive on part of the prasecution wit

;

tye fas satay MG LENT

implicate the appellant in the case, the evidence of | become SUSPICLOUS and cannot be rehed upon by the prosecution. There is ms law of universal application that a chance whiness canriot be a reliable and trustwerthy witness, All that is required in law is to find whether the

prasecution hag satisfactorily explained presence of the chance witness at the

time and place where the occurrence has taker place. has explamed that around the time wher the appellant started assaulting his

grandmother he was about to leave for his shop. From the materials on record

' ie Bastky . are PRe4 ney +" abies twould further appear that he was sot the only persen running the shop,

pene

rather PW4 was at the shop at that time, He has stated that his father was elder amongst three brothers one of whom bas passed away anc the appellant was the other one. He has further stated that the appellant was asking for his share in the house in which they were living ~ the appellant was living in

another hause and about 1S days back he had come there and was staying

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Cr Appeal (28) Ne. S85 af 2034

id. Janki Devi was first taker to Government HospHal at

harpur for her treatment where she was admuustered Fist And and

PWS whe conducted the postrroriem examinanon has fournd be

her head. He has found the following injuries on the dead-body of Janki

Deve

& a vo

~y .

. i ee EAS te

3. Lakes ed BPRS

at eee ge 4, Lac erared wane § "

Bs Mee

ers ~

13, On dissection, he has found fracture of

fracture of Trental bone af sealp. The number of inpuries on Janki Devi all on

vital parts of the body and fracture of left maxilla indicate that she was

assaulted brutally. Janki Devi was aged about 70 vears and the appellant hus wficted at least four hanuner blows over her head and parietal region, He has

acted in a cruel and unusual manner and, therefore, the benefit under

Exception 4 to section 300 of the Indian Penal Code cannot be extended to

18, However, conviction of the appellant under section 302 af &

MAR

Indian Penal Code is net proper the reasons for which we would delineate

Meek e

hereinal er,

i, The prosecution evidence is that the appellant had come to the house where his mother was living with other family members, He had come

there about 1S days back and though PW4 has stated in the

eNarnation that his brother used fo quarrel with the mother, PWS has

admitted in the Court that she has not seer

yee

e appellant quarreling with mother. PWS has also admitted thet before the Incident ke has not seen his

uncic abusing or assaulting his grandmother. He has further admitted that

humuner with which the appe agsauliedd his mother was lving

house, On such evidence, it is dificult to canceive that the appe

come there about 15 days back with some slarming in his mind to kif

mother. This, therefore, must be held that the appellant assaulted his mother

is Appeal (208) Na. 383 af Mid

without premeditation, There was a dispute for partition of the house property

and Jarki Devi was not hapny with the appellant sclomrising inter-caste

marriage. The marriage of the appellant was net accepted by the family and

that was the reason he was staying separately at Chandil. The relation between the appellant and his mather was not very cordial bul i was not

bitter also - PW has stated that whenever the appellant came there he would

take meals with his mother. What had triggered the incident in the afiernonn

Loeeyereert oosetvbesssdxe mpmed obs pias ZY uted that the incident has happened suddenly and she does net find ary Hp .

plausible reason for the appellant assaulting his mether. She has aise

admitted that before the cecurrenoe the appellant never comy

with arvane. The past experience of the appellant and rejectior

marrlage by the family, particularly by his mother would have been bearing

peers

wi wet pee ww ¢

is mind. These background facts indicate thal the imeident has occurred suddeniy, and from the prosecution evidence it can be also inferred that the appellant has struck hammer blows on his mother under the grave and sudden

provocalion.

ia, The following ingredionts are

offender is Hable to be convicted for culpable homicide not amounting te

murder falling under Oo

the provacatlon Was grave uu the provacaban Was §

had Jost his pawer of s he death was a resulf af the

weews, ipeoee f o Sn ~ so oa Poy.

pew rs fone ane we ner ree

ASE

1g, A grave provocation within the meaning of

C3 % ingens a i.

ms a s va

33 oe rearrer Bee TT syawiekk slaweiveans fae section 300 of the Indian Penal Code musi be like the one which deprives the

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elf control The examination of the appellant under section 313

CrPC under which he was pul a circumstance that on account of family

dispute he was provoked and assaulted his mother with hammer (easeuhor sa PuEPESE

t inshteate

3 ' NN ew cage yar fhe appellan nas

mfentonally committed murder of his moth: amrrier biow Gn the head is

' t :

definitely dan s death of 8 persan,

but then, the material evidences that O) mii has happened suddenly

Cr Appeal (D8) Ne. 383 ef 20i4

1} the appellant was not found abusing or assaulting his mother previously Gid} the appellant picked up the hammer in the house, and; (vj evidence of PWS, sister-in-law of the appellant, that 1} all happened suddenly, have Jaid

sufficient fyumdation to hold that the appellant deprived of his self control on acenunt of a grave and sudden provocation has inflicted hammer blows on his mother ~ number of blows Is immaterial and would not take out the case

from purview of Exception | to seetion 300 of the Indian Penal Code.

20, For the aforesaid reasons, we dre inclined to extend the benefit

under Exception | to section 300 of the Indian Penal Code, to the appellant.

Zu, Aceordinely, the padement of conviction of the appellant,

namely, Ramlal Sharma under section 302 of the Indian Penal Cade dated OS. G8 2014 and the arder of sentence af RI for iife anc a fine af Ks. 5,000/- for the offence under sectian 302 of the Indian Penal Code dated O7 OS 2014 passed by the learned Additional Sessions Judge-], West Singhbhum at Chaibasa in Sessions Trial No. 137 of 200% are set-aside.

22. The appellant, namely, Ramlal Sharma is convicted and

sentenced to RI for ten years under section 304 Part-I] of the Indien Penal

ook Mr. Saniay Kumar Srivastava, the learned APP states that the appellant who has served the sentence of mere than fourteen years and three months, with remission, is in custady,

34. Accordingly, the appellant, namely, Rarlal Sharma shall be set

free forthwith, inet wanted im connection to any other case.

2S. in the result, Cr. Appeal (DB} No. 385 of 2014 is partly allowed

to the extent mdicaied hereinakove.

28. Let lower Court recards be transmitted to the Court concerned,

fortheediih,

waa a :

Let a cepy of the judgment be transmitted to the Court

toga

cancemed through KAA', oe Sa.

(Shree & 'Handrashekh- ar J}

Sd.