Partly allowed

Putua@Sadhu Munda v. State

Orissa HC17 Jul 2019CRLA/588/2011

Case brief

AI extract

What is this about?

High Court allowed two appeals by convicts sentenced to life imprisonment for murder arising from a road altercation. The court recharacterized the offence for one appellant from murder to culpable homicide (Section 304) and acquitted the other of murder.

What did the court decide?

Conviction of Putua Munda reduced to Section 304 IPC; Chhotu Mudi acquitted of murder and convicted under Section 323 IPC. Appeals allowed in part.

Putua@Sadhu Munda Vs State — Murder and Culpable Homicide | Orissa HC (2019)

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ORISSA HIGH COURT: CUTTACK

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CRLA Nos. 588 and 599 OF 2011

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(In the matter of an appeal under Section 374 of the Code of Criminal Procedure)

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----------Putua @ Sadhu Munda (in CRLA No.588 of 2011) Chhotu Mudi @ Modi (in CRLA No.599 of 2011) …….. Appellants -VersusState of Orissa ...... Respondent

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For Appellants :Mr. L. Bhuyan. For Respondent : Mr. J. Katikia (Addl. Govt. Advocate)

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P R E S E N T :-

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THE HONOURABLE MR. JUSTICE S.K. MISHRA AND

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THE HONOURABLE DR. JUSTICE A.K. MISHRA

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---------------------------------------------------------------------------- Date of hearing & Judgment – 17.07.2019

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S.K. Mishra, J. In these two appeals, the appellants being the convicts in

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Sessions Trial No.283 of 2009 of the court of learned Sessions Judge, Keonjhar assails the judgment dated 13.7.2011, whereby they have been convicted for the offence U/s. 302/34 of IPC and has been sentenced to undergo imprisonment for life and to pay fine of Rs.10,000/- for the offence U/s.302/34 of IPC, failing which each of the convicts is to further sentenced to undergo rigorous imprisonment for two years for the aforesaid Sections. The convicts

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are further sentenced to undergo R.I. for six months for the offence U/s.323/34 of IPC and simple imprisonment for 15 days U/s.341/34 of IPC. The substantive sentences are to run concurrently. The fine amount, if realized to be paid to P.W.2, the son of the deceased.

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Case of the prosecution is that on 15.06.2009 at about 7 P.M. the deceased Sartha Mahanta along with his son Nakula Mahanta (P.W.2) were proceeding from their house at Dasarathipur to Rengalabeda bus stand in their motor cycle bearing Registration No.OR09-D-7546. The accused Sadhu Munda was standing on the road along with five to six others being intoxicated. When the deceased reached near them, they did not leave any space to pass the motor cycle. When the deceased requested Sadhu to leave space to pass on the motor cycle, the accused assaulted him by a bamboo lathi on his head for which Sartha became unconscious and fell down on the ground. Thereafter the accused Sadhu dragged the deceased and assaulted him by bamboo lathi. When P.W.2 approached near his father, he was also assaulted. At that time some ladies nearby interfered and separated them. As there was severe bleeding from the head of deceased, he was taken to D.H.H., Keonjhar from where, as his condition became serious, he was taken to Cuttack for treatment but on the way he succumbed to the injuries. Artatrana Mahanta, the younger brother of the deceased lodged a written report regarding the incident at Turumunga P.S. on 16.6.2009 at about 7 A.M. On this

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report P.S. Case No.35/09 U/ss. 341/323/307/34 I.P.C. was registered against the accused Sadhu Munda. During investigation of the case the deceased Sartha succumbed to his injuries on the way to Cuttack for which case turned to a case U/s.302 IPC. After due investigation charge-sheet was submitted against these two accused persons to stand their trial.

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The plea of the accused Sadhu Munda is that on the occurrence day he had taken his wife to medical and while returning to his house he found the deceased was lying on the road. On asking, the son of the deceased, he could not tell anything. Thereafter, he came away to his house and police has falsely implicated him in this case. The plea of the other accused is that he found both the deceased and his son were lying on the road and the motor cycle was lying at a distance. They had given water to the father and son, but they have been falsely implicated in this case.

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From the evidence of P.W.3, it is clear that the occurrence took place on Raja Sankranti at about 6.30 P.M. When the witness was standing on the road while his brother-in-law, Binod Mohanta had gone to attend the call of nature to the nearby pond. The pond is about 25 feet away from the road. At that time he found Sartha Mohanta came from the side of the village by a motor cycle on the road towards the pond. These two accused persons with their wives were standing on the road 10 feet away from the witness. The accused persons restrained

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Sartha Mohanta who was moving in his motor cycle on the road alleging that he had caused accident to them. Sadhu, who was armed with lathi assaulted the head of deceased Sartha Mohanta. As a result of which Sartha fell down on the ground, Chhotu Modi assaulted Sartha by kicks. Nakula, son of the deceased was also sitting on the motor cycle. They also assaulted Nakula. The witnesses rushed to the spot he found Sartha Mahanta had sustained injuries on his head by arranging an auto-rickshaw was sent to Keronjhar Hospital and then shifted SCB Medical College and Hospital, Cuttack but on the way, he died. The witnesses denied the suggestions that the deceased was driving his motor cycle and dashed against 4 to 5 persons standing on the road and himself fell down on the road.

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The evidence of P.W.3 together with P.W.8 reveals that the injured has sustained the following external injuries:-

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i. Lacerated injury of size 4 x 2 x 1 cm directed horizontally dark reddish colour on supra orbital margin.

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ii. Abrasion of size 5 x 2 cm dark reddish colour directed obliquely on right front of chest at 6^th to 8^th intercostal space.

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iii. Lacerated injury of size 15 x 3 x 3 cm directed obliquely dark-red colour present from right frontal region to left parietal region.

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iv. Abrasion of size 3 x 1 cm red in colour, obliquely present on left forearm anteriorly.

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v. Abrasion of size 3 x 1 cm red colour obliquely present on left front of chest anteriorly.

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vi. Scalp hamatoma of size 4 x 3 cm present on right frontal region.

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The doctor on internal examination has found following

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injuries:-

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i. Depressed skull fracture of right frontal bone and left parietal bone underlying the lacerated injuries which corresponds to external injury no. (iii).

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ii. Membrane ruptured at right frontal region, due to fracture of the skull;

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iii. Contusion of right frontal lobe and left parietal lobe of the brain underlying the skull fracture;

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iv. Fracture of 7^th , 8^th and 9^th ribs anteriorly on right side;

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v. Contusion of right lungs, lower lobe anterio laterally.

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All other internal organs are in tact.

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5.(a) The Doctor opined that all the injuries are antemortem in nature and the external injury no.(iii) is grievous in nature. The cause of death is due to haemorrhage and shock arising out of multiple injuries to vital organs like brain and lungs. The time of the post-mortem since death was 24 hours.

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From the material available on record, learned counsel for the appellants very emphatically argued that as far as the appellant Putua @ Sadhu Munda is concerned, at best the offence U/s. 304 (PartI) has been made out, no offence U/s. 302 of IPC is made out. As far as

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appellant-Chhotu Mudi @ Modi is concerned, the offence U/s. 304 is also not made out, at best the offence U/s. 341/323 of IPC is made out.

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6.(a) Keeping in view of the facts of the case, we are of the opinion that the contentions raised by the learned counsel for the appellants appears to be reasonable and acceptable.

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It is obvious that the occurrence took place because of small altercation regarding passage of the deceased in his motor cycle on the village road, as a result of a sudden provocation, the assault has been made by Sadhu Munda. The only allegation against Chhotu Mudi @ Modi is that he gave kick blow to the deceased.

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7.(a) We are of the opinion that the offence U/s.302 of IPC is not made out against both the accused persons Putua @ Sadhu Munda (appellant in CRLA No.588 of 2011) and Chhotu Mudi @ Modi (appellant in CRLA No.599 of 2011) but an offence U/s.304 (Part-I) is made out against Putua @ Sadhu Munda along with offence U/s.323 and 341.

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Accordingly, we, covert the conviction of both the appellants. As far as appellant Putua @ Sadhu Munda (in CRLA No.588 of 2011) is concerned, we convert the conviction U/s.302 of IPC and 323/341 of IPC to conviction U/s.304(Part-I) of IPC read with Section 341/323 of IPC and sentenced him to undergo imprisonment for ten

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years shall be set off against the substantive sentence (period undergone). As far as punishment inflicted for the offence U/s.323/341 are concerned, we are not disturbing the same and we are not willing to impose any fine on him.

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As far as the appellant Chhotu Mudi @ Modi (in CRLA No.599 of 2011) is concerned, we acquit him for the offence U/s. 302/34 of IPC and sustained his conviction for the offence U/s. 323/341/34 of IPC. The period undergone shall be set off against the substantive sentence imposed.

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With such observation, both the appeals are allowed in

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part.

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LCRs be returned immediately to the lower court.

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………................ S.K. Mishra, J.

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Dr. A.K. Mishra,J. I agree.

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………………....……. Dr. A.K. Mishra, J.

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Dated the, 17^th July, 2019/RRJena

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Orissa High Court, Cuttack.

Putua@Sadhu Munda v. State

Case brief

What is this about?

What did the court decide?

Putua@Sadhu Munda v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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