Sukhan Uraon vs The State of Jharkhand

This appeal is directed against the judgment of conviction and order of sentence dated 08.08.2001 and 09.08.2001 respectively passed by learned Sessions Judge, Gumla in Sessions Trial No. 68 of 2000, convicting the Appellant-namely, Sukhan Uraon for the offence u/s 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life.

Miss Vani Kumari, learned Counsel appearing for the Appellant, submitted that at best the Appellant could be convicted for the offence u/s 304 Part II of the Indian Penal Code and not u/s 302 of the Indian Penal Code.

On the other hand, learned Counsel appearing for the State supported the impugned judgment.

It appears that according to the prosecution, the alleged occurrence took place in the night of 04.11.1999 on the occasion of Karma Festival. During altercation, the Appellant assaulted his ''Mama'' by fists , slaps and a stick , due to which ultimately,he died. The deceased was intoxicated.

Thus, it appears that during quarrel, the Appellant assaulted the deceased. There is nothing to show that there was premeditation or intention to commit murder or the Appellant took undue advantage or acted in unusual manner. The Doctor did not find any injury on the neck or any injury caused by fists and slaps.

It appears that the deceased died due to head injury on the right temporal region. It further appears that injury Nos. 2 to 6 are caused in same transaction and are part of the main injury on the right temporal region.

In the circumstances, the conviction u/s 302 of the Indian Penal Code cannot be maintained and it is accordingly, set aside. However, there are sufficient materials to show that this case falls u/s 304 Part-II of the Indian Penal Code and accordingly, the Appellant is convicted u/s 304 Part-II of the Indian Penal Code. So far as his sentence is concerned, it was informed by Miss Vani Kumari, learned Counsel appearing for the Appellant that the Appellant has remained in jail for more than 11 years by now.

In the result, this appeal filed by the Appellant is dismissed with modification that his conviction u/s 302 of the Indian Penal Code is altered to u/s 304 Part-II of the Indian Penal Code and he is awarded the sentence to the period already undergone by him. Accordingly, the Appellant, who is in jail, is directed to be released forthwith, if not wanted in any other criminal case.