SONA RAM KARMALI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal arises out of the judgment and order of conviction and sentence dated 04.12.2001 and 06.12.2001 respectively passed by Sri Rameshwar Tiwary, 1st Addl. Sessions Judge, Hazaribagh, in Sessions Trial No.550 of 1996 corresponding to Gola P.S. Case No.31 of 1996, G.R. Case No.1381 of 1996 convicting the appellant under Section 302 I.P.C. and sentencing him to R.I. for life.

(2.) Prosecution case, in brief, is that the informant Rukani Devi (PW-1) gave a fardbeyan before the police on 09.08.1996 at about 10.45 hours to the effect that in the preceding night at about 9.00 p.m. when she was taking rest with her family members, the appellant, who happens to be elder brother of her husband-Rupdeo Karmali, came out of his house and abused loudly as to why Rupdeo threw dirty water in his courtyard. Rupdeo disputed this allegation in abusive language. The appellant became angry, Rupdeo also became angry and used filthy language. On this the appellant pushed him and started assaulting with fists and slaps. Rupdeo also continued to abuse the appellant in filthy language. The appellant became very angry and assaulted Rupdeo on his head by 'Kudal' which was lying there. The appellant assaulted him repeatedly on his head by 'Kudal' due to which Rupdeo died. It is further alleged that in spite of raising alarm nobody came to help.

(3.) Learned amicus curiae Mrs. Chaitali C. Sinha, appearing for the appellant submitted that the prosecution has not been able to prove that there was any intention or pre-meditation on the part of the appellant to kill his brother. She further submitted that even as per the prosecution case, quarrel/scuffle took place and in the spur of the moment the incident took place. The deceased also continued to abuse in filthy language. She further submitted that the doctor found four injuries caused by hard and blunt object, like back portion of spade, on head, apart from other injuries, but had there been any intention on the part of the appellant, he could have used the edged portion of the 'Kudal'. The head injuries might have been caused by fall during scuffle. She placed reliance on 2. the judgment (Jagriti Devi v. State of Himachal Pradesh, 2009 14 SCC 771). She further submitted that in any event the appellant has remained in jail for about 15 years and his case has been recommended for remission by the Sentence Review Committee.