Badal Murmu and Ors. Vs. State of West Bengal
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Head Note
Indian Penal Code,1860 - Section 148 , Section 149 , Section 302
Murder - Conviction - Sustainability - Appellants beat deceased by blunt and sharp edged weapons to death - Charge sheet against appellants was filed u/ss. 148, 302 r/w s. 149 IPC - Trial Court convicted appellants u/ss. 148, 302 r/w s. 149 IPC - On appeal filed by appellants, HC dismissed the appeal - Hence instant appeal - Whether conviction u/s. 302 IPC was sustainable - Held, none of the eye witnesses gave specific role to any of appellants - They have not stated which appellant gave which blow and on which part of the deceased's body - They have not stated which injury was caused by which accused - Doctor has not stated which injury was fatal - Undoubtedly, the deceased had suffered two fractures and haemotoma under the scalp, but nobody has said that any particular appellant caused these injuries - It bears repetition to state that though sharp cutting weapons were available, appellants did not use them - It was not possible to hold that appellants shared common object to murder the deceased and in prosecution of that common object they caused his death - It would not be possible to sustain their conviction for offence punishable u/s. 302 r/w s. 149 IPC - It would be just and proper to resort to s. 304 Part II IPC and treat the sentence already undergone by them as sentence for the said offence - In SC's view, justice should be tempered with mercy - In SC's opinion, convicting appellants for culpable homicide not amounting to murder and sentencing them for the period already undergone by them by resorting to s. 304 Part II IPC would meet the ends of justice - Conviction of appellants for offences punishable u/s. 302 r/w s. 149 IPC was quashed and set aside - Instead, they were convicted for culpable homicide not amounting to murder and the sentence already undergone by them was directed to be treated as sentence imposed on them u/s. 304 Part II IPC - Impugned order modified - Appeal disposed of.
Topic(s)-Murder – Offence Converted