CHHUTU MURMU Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY Court This appeal is directed against the judgment dated 21st June, 1999, passed by learned Additional Sessions Judge, Saraikella in Sessions Trial No. 414 of 1994 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to undergo R.I. for life.

(2.) THE prosecution case in brief is that the informant, Pitho Soren (P.W. 11), lodged a Fard Beyan narrating that on 16.08.1994 at about 11.30 A.M. while he was grazing his cattle in the field, his sister Bibi Soren arrived weeping and reported him that about 11 A.M., her brother Ramo was constructing ridges in the paddy field and when she alongwith her younger sister, Ruibari Soren (P.W. 10) were picking up paddy seeds near the said field, the appellant, Chhutu Murmu arrived with a spade (Kudal) and assaulted her brother, Ramo on his head due to which he died at the spot and the appellant fled away. It was further alleged that during the last Kali Puja, the appellant abused and assaulted the deceased in a drunken state and thereafter repeatedly threatened him of dire consequences. Chargesheet was submitted and cognizance for the offence against the appellant was taken under Section 302 of the I.P.C. The appellant denied the occurrence.

(3.) THE question now is as to whether he had intention to kill the deceased. It appears that some enmity was going on between the deceased and the appellant but it also appears that only one blow was given by the appellant on the head of the deceased by Kudal, causing hard and blunt injury. Therefore, it appears that though he had knowledge that such injury could cause death, but it can not be conclusively held that he had intention to kill the deceased. In the facts and circumstances, we are inclined to and do hereby convert the conviction into conviction under Section 304 Part II of the I.P.C. On the questions of sentence, it appears that the petitioner has already remained in jail for about 14 years by now. Accordingly, the appellant is sentenced to the period of detention already undergone. The appellant (Chhutu Murmu) is directed to be released forthwith from custody, if not wanted in connection with any other case.