Jharkhand High Court
Dudua Marandi vs The State Of Jharkhand on 1 October, 2024
Author: Ananda Sen
Bench: Ananda Sen
Cr. Appeal (D.B.) No. 520 of 2018
.........
(Against the judgment of conviction dated 19.03.2018 and order of
sentence dated 21.03.2018 passed by learned Additional Sessions
Judge-IV, Dumka in Sessions Trial No.22 of 2014).
.........
Dudua Marandi, S/o Late Ghuma Marandi @
Late Dhuma Marandi, Village- Bankathi,
P.O.- Dumka(M), District- Dumka, Jharkhand ..... Appellant
Versus
The State of Jharkhand .... Respondent
.........
For the Appellant : Mr. Mahesh Kumar Sinha, Advocate
Mr. Gaurav Priyadarshi, Advocate
Ms. Twinkle Rani, Advocate
For the State : Mr. Bhola Nath Ojha, Spl. Public Prosecutor
-----------
PRESENT
Sri Ananda Sen, J.
Sri Gautam Kumar Choudhary, J.
JUDGMENT
01.10.2024
By Court.:
The instant criminal appeal is directed against the conviction of
the sole appellant under Section 302 of the Indian Penal Code vide
judgment of conviction dated 19.03.2018 and order of sentence dated
21.03.2018, whereby he has been sentenced to undergo rigorous
imprisonment for life and fine of Rs.10,000/-.
2. We have heard, learned counsel for the appellant, Mr. Mahesh
Kumar Sinha and learned counsel for the State, Mr. Bhola Nath Ojha at
length.
3. The prosecution case is based on the fardbeyan of informant-
Sunil Hansda (P.W.-7), who got the information that his sister has
been assaulted in her matrimonial home by this appellant. He along
with others, reached the place of occurrence and saw that appellant
was assaulting the deceased with fist and slaps and thrashing her. He
intervened and sent his injured sister for treatment in Sadar Hospital,
Dumka from there he was referred to Suri, but she died on
17.09.2013.
4. On the aforesaid fardbeyan, Dumka (Sadar) P.S. Case No.103 of
2013 was registered under Section 302 of the Indian Penal Code. The
police after investigation filed chargesheet against the appellant
under Section 302 of the Indian Penal Code.
5. Thereafter the Court took cognizance and committed the case to
the Court of Sessions. As the appellant pleaded not guilty, charge
was framed under Section 302 of IPC and he was put on trial. Eight
witnesses have been examined in this case, who are as follows:-
(i) P.W.-1 Sarju Hansda
(ii) P.W.-2 Suku Marandi @ Suku Murmu
(iii) P.W.-3 Jairam Marandi
(iv) P.W.-4 Dr. Debashish Rakshit
(v) P.W.-5 Chhotu Hansda
(vi) P.W.-6 Manoj Hansda
(vii)P.W.-7 Sunil Hansda, informant of this case
(viii)P.W.-8 Chandrashekhar Singh, Investigating Officer of this case
6. The following documents were also exhibited by the
prosecution:-
Exhibit-1 Post Mortem Report
Exhibit-2 Formal F.I.R.
Exhibit- 3 Endorsement of written application
Exhibit-4 Carbon copy of inquest report
Exhibit-5 Memo of arrest
Exhibit-6 Forwarding
7. The Trial Court after completion of the prosecution evidence
examined this appellant under Section 313 of Cr.P.C. and after
hearing the parties, convicted the appellant under section 302 of IPC
and sentence as aforesaid
P.W.-1, P.W.-2 and P.W.-7 are the eye witness, out of which
P.W.-7 is the informant also.
Though P.W.-2 says that he was assaulted by sticks, but the same
has not been corroborated by P.W.-1 and P.W.-7.
All these witnesses have stated that they went to the house of
this appellant where he saw this appellant assaulting the deceased
with fist and slaps and also thrashing her. Thus, from the evidence of
these witnesses, the prosecution has been able to prove and establish
that this appellant was assaulting the deceased. Another fact, which
has been established that there was no weapon used by the appellant
and the assault was only by fist and slaps.
Now, we see the medical evidence.
The Doctor is P.W.-4, who conducted the postmortem of the
deceased. He found only two antemortem injuries on the dead body
of the deceased:-
"(i) Lacerated wound over the right lower arms 1" x ¼" x skin
deep.
(ii)Swelling over forehead. On dissection subcutaneous tissue
under scalp found ecchymosed. On opening of skull cranial cavity
found filled with blood."
The Doctor had opined that death was due to hemorrhage and
shock, as a result of the injury, which was swelling over forehead. In
his cross-examination, he stated that the same can happen due to fall
on rocky surface.
8. The medical evidence also does not support the statement of
P.W.-2, who stated that the deceased was assaulted by stick as if any
person who have been assaulted by stick, the mark of such assault
would be present in the body, which is not in this case.
The fact remains that the death was due to head injury and
P.W.-1 and P.W.-7 are the eye witness. There is nothing to disbelieve
them as they stated that the appellant was assaulting the deceased
with fist and slaps and thrashing her.
9. Thus, from the evidence, we are of the opinion that this case will
not fall within the definition of murder under Section 300 of the
Indian Penal Code to punish the appellant under Section 302 of the
Indian Penal Code. This case will fall under Part-II of Section 304 of
IPC as we find from the evidence that there is nothing to suggest that
there was intention to cause death.
10. Thus, from what has been held above, we convert the conviction
of the appellant from the offence punishable under Section 302 of the
Indian penal Code to Section 304 Part-II of the Indian Penal Code
Since the appellant is in custody for more than ten years, his sentence
is also modified to the period which is already undergone.
11. Accordingly, the instant Criminal Appeal is dismissed with
aforesaid modification of order of conviction dated 19.03.2018 and
order of sentence dated 21.03.2018 passed by learned Additional
Sessions Judge-IV, Dumka in Sessions Trial No.22 of 2014.
12. As the appellant is in custody, he shall be released forthwith, if
not required in any other case.
13. Let Trial Court Records along with a copy of this judgment be
sent to the concerned Trial Court forthwith.
14. Interlocutory application, if any, also stands disposed of.
(Ananda Sen, J.)
(Gautam Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated 01/10/2024
NAFR /R.S./ Cp 03.
