Budh Roy Soren vs State Of Jharkhand

This appeal is directed against the judgment of conviction and sentence passed in Sessions Trial No.147 of 2002 by which the appellant has been convicted and sentence under Section 302 of the Indian Penal Code.

Prosecution case as disclosed in the FIR unfolds a tragic story of a festive occasion leading to brawl, between husband and wife on the issue of preparing food and drinks for the guests in which deceased was thrashed by the appellant resulting in her death.

Informant – Ram Rai Murmu on 15.06.2002 were celebrating a festival in their village in which as per the customs, sacrifice is offered and people take meat and liquor on the occasion. After offering Puja, the appellant – Budh Roy Soren invited the informant to his house where he asked his wife Sita Soren to prepare food and drinks for the guests. At that time, Sita Soren was already drunken and she refused to prepare food, which resulted in altercation between them. Appellant felt himself slighted by the conduct of his wife and when his request was again turned down, he assaulted her with fists and kicks, resulting in her death. Informant and others interceded in the dispute and they returned from there. Later on, they came to know that there was another round of fight between them in which the appellant assaulted his wife to death.

Altogether nine witnesses were examined on behalf of the prosecution and relevant documents including post mortem report were adduced into evidence.

It is submitted by the learned counsel on behalf of the appellant that there was no intention on the part of the appellant to cause death which is evident from the fact that no weapon or instrument was used to assault the deceased. As per the post-mortem examination report (Exhibit), only two injuries were found on the dead body of the deceased.

Abrasion over right elbow 1½ " X 3/4".

Multiple bruise on lower part of chest and abdomen varying from 3/4" X 1/2" X 2½" X 1½ ".

Cause of death was due to shock and hemorrhage caused by the above mentioned injuries.

Learned A.P.P. has defended the judgment of conviction and sentence.

From the evidence on record, particularly the objective finding of autopsy, it can be safely concluded that death was homicidal in nature.

Under Section 299 of the IPC, a culpable homicide is committed when death is caused by doing an act with the intention of causing death, or with the intention of causing such bodily injury, as is likely to cause death. Intention and knowledge are mental elements which can be judged only by the manifest act of the person concerned. Likelihood of death resulting from the injury, can be inferred from the nature of injury caused. Murder is aggravated form of culpable homicide and in order to prove the charge, the necessary ingredient under Section 300 of the IPC is required to be proved. Exception 4 to Section 300 of the IPC specifically provides that culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without offender having taken undue advantage or acted in a cruel or unusual manner.

In the present case, there is no evidence regarding history of marital discord and the unfortunate tragic incidence took place suddenly when the appellant asked for food and was abused by his wife who was drunken at the time of incidence.

We find much force in the argument advanced on behalf of appellant that no undue advantage was taken by him as no weapon of assault was used, exchange of abuse culminated into physical brawl in which appellant assaulted to the deceased by kicks and fists. The case will squarely fall under Exception 4 to Section 300 of the IPC and the appellant is guilty for the offence under Section 304 Part II of the IPC.

Judgment of conviction and sentence under Section 302 of the IPC is set aside and the appellant is convicted under Section 304 Part II of the IPC. The appellant has remained in custody for almost nine years.

Considering the period of imprisonment already undergone, the age and over all facts and circumstance of the case, appellant is sentenced for the period already undergone by him.

The appeal is partly allowed with modification in finding and sentence. Sureties are discharged from the liabilities of bail bond.

Let the Trial Court Records be transmitted to the Court concerned along with a copy of this judgment.