Sikia Munda And Ors vs State of Jharkhand

Shree Chandrashekhar, J

Five accused persons, all appellants herein, have faced the trial in Sessions Trial No.358 of 1993 for causing death of Manbodh Koiri in furtherance of common object of all.

On the basis of fardbeyan of Nupur Chandra Mahto recorded at about 12.30 Hrs. on 30.05.1990, Sonahatu P.S. Case No.24 of 1990 was registered against Sikia Munda, Lakhia Munda, Bharat Singh Munda, Phatu Singh Munda and Haria Munda. The informant has claimed that Hare Krishna Koiri, Thakur Koiri and Sambat Koiri have seen the occurrence. The accused namely, Korhi Munda was found juvenile and, accordingly, his trial has been separated. During the trial, the prosecution has examined 8 witnesses and Dr. C.S. Prasad has been examined as a court witness.

The doctor has found the following injuries on Manbodh Koiri:

"wounds (stitched) with size 6½ X 1½ cm X soft tissue on right arm upper part and 19 C.M.X3 C.M. on the right temporo perito frontal region of head underneath boneygap involving right fronto perito temporal bone with laceration of bone underneath and presence of subdural blood and blood clot over both hemisphere of brain."

The learned 1st Additional J.C., Khunti has held that the accused persons formed unlawful assembly with a common object to kill Manbodh Koiri. The accused persons, namely, Korhi and Phatu armed with sharp-cutting weapon have inflicted injuries upon Manbodh Koiri and in this manner the prosecution has successfully proved the charge under section 148 and 302/149 IPC against the appellants.

During pendency of this criminal appeal, the appellants namely, Sikia Munda and Bharat Singh Munda have died and an affidavit has been sworn by the Officer-in-Charge, O.P.-Rahe, P.S-Sonahatu, District-Ranchi on death of the appellants namely, Sikia Munda and Bharat Singh Munda.

The prosecution has projected the informant, P.W.2, P.W.3, P.W.4, P.W.5 and P.W.8 as eye-witnesses. These prosecution witnesses are related to each other, however, they have clearly spoken about presence of the surviving appellants at the place of the occurrence. The informant, brother of the deceased, has stated that he alongwith his brothers Sambat Koiri, Manbodh Koiri, Thakur Koiri and Hare Krishna Koiri were ploughing the field for sowing paddy seeds and when he went to bring the paddy seeds he saw that the accused persons who had surrounded Manbodh Koiri were assaulting him. He has alleged that Korhi Munda was holding farsa and Phatu Singh Munda wielded a small tangi. His injured brother was taken to Sonahatu hospital from where he was referred to RMCH, Ranchi, however, he succumbed to the injury on 02.06.1990.

From the evidences laid by the prosecution witnesses, we find that there is an allegation that all the appellants assaulted Manbodh Koiri, however, the medical evidence does not confirm the same. The doctor has found only two injuries on Manbodh Koiri, both are attributable to the accused Korhi Munda and the appellant-Phatu Singh Munda. There was land dispute between the informant's family and the accused persons.

For attracting vicarious liability under section 149 IPC it is not necessary that all the accused persons must have participated in the occurrence, however, the prosecution must establish that the death has been caused in furtherance of common object of all. From the prosecution's evidence laid during the trial, we do not find any material which would establish that the accused-Korhi Munda and the appellant-Phatu Singh Munda have assaulted Manbodh Koiri in furtherance of common object of all. We further find that this also cannot be inferred from the prosecution's evidence that the other accused persons had knowledge that death of Manbodh Koiri may be caused. Accordingly, we hold that conviction of the appellants namely, Lakhia Munda and Haria Munda under section 302/149 is unsustainable. Accordingly, their conviction and sentence for the offence under section 302/149 are set-aside, however, their conviction and sentence under section 148 IPC are affirmed.

The appellant no.2-Lakhia Munda and the appellant no.5-Haria Munda are discharged of liability of the bail-bonds furnished by them.

The appellant-Phatu Singh Munda has inflicted a tangi blow on the right upper arm of Manbodh Koiri. He has not acted cruelly or in unusual manner. This is apparent from the fact that he has not repeated the tangi blow on Manbodh Koiri. The prosecution has not brought on record such evidence which could establish that the accused-Korhi Munda has inflicted farsa blow on the temporal region of Manbodh Koiri in furtherance of common intention shared with all or atleast with appellant-Phatu Singh Munda. The doctor has found the head injury the fatal one which has caused death of Manbodh Koiri. Assault by Phatu Singh Munda on the right upper arm of Manbodh Koiri cannot be said to be on a vital part of the body of the deceased.

In the above state of evidences, we hold that the appellant-Phatu Singh Munda is liable to be convicted under section 326 IPC for causing grievous hurt to Manbodh Koiri and he is sentenced to undergo R.I for 7 years. However, his conviction and sentence under section 148 IPC are affirmed.

Judgment of conviction under section 302/149 IPC and the order of sentence for R.I for life passed against the appellant-Phatu Singh Munda in Sessions Trial No.358 of 1993 are set-aside. The appellant-Phatu Singh Munda is convicted under section 326 IPC and sentenced to undergo R.I for 7 years.

The bail-bonds furnished by the appellant no.4-Phatu Singh Munda stand cancelled. He shall surrender before the court below to serve the remaining sentence.

In the result, Cr. Appeal (D.B.) No. 285 of 2001 is partly allowed.

Let the lower-court records be transmitted to the court concerned, forthwith.