RANJIT SARKARversusSTATE OF TRIPURA

                        [2015] 12 S.C.R. 792


A                         RANJIT SARKAR
                                   v.
                        STATE OF TRIPURA
                 (Criminal Appeal No. 1247 of 2015)
B
                       SEPTEMBER 23, 2015
          [DIPAK MISRA AND PRAFULLA C. PANT, JJ.]
          Penal Code, 1860: s. 302 - Fatal injury on head -
c Conviction uls.302 by courts below - On appeal, held:
    Evidence showed that the accused-appellant gave single
    blow on the head of the victim-deceased with full force which
    resulted in his death - The act on part of the appellant is
  . covered by Part I of s. 304 - Therefore, conviction of appellant
D u/s.302 is set aside and he is convicted uls.304 Parl I and
    sentenced to rigorous imprisonment for a period of 10 years.

         Disposing of the appeal, the Court

        HELD: 1. As per PW-15, the doctor, who conducted
E post mortem examination on the dead body of the victim-
  deceased, first four ante mortem injuries related to single
  injury. The first one is stitched wound. The second is
  haematoma on the deeper layer of scalp over right
F parietal region. The third injury also relates to the same
  as it discloses fracture on the depressed bone of the
  head on anterior part of right parietal bone. The fourth
  ante mortem injury also relates to above three injuries,
  which discloses subdural haemorrhage present over
G cerebral hemispheres. The only ante mortem injury No.
  5 is actually the second injury which is an abrasion
  measuring 3cm x 2cm over the do rs um of left wrist joint.
  [Para 1O] [796-E-G]

         2. PW-2 did not state about more than one blow
H
                             792
        RANJIT SARKAR v. STATE OF TRIPURA                   793


given by the appellant on the head of the deceased with A
wooden file. As such, in substance the evidence on
record suggests only one blow given by the appellant
on the head of the deceased which appeared to have
been given with full force. In these facts and
circumstances, having re-assessed the depositions of B
witnesses and other evidence on record, the act on the
part of the appellant is covered by Part I of Section 304
IPC. Therefore, the conviction and sentence under
Section 302 IPC, awarded by the trial court and affirmed
by the High Court is modified. Instead, the appellant is C
convicted under Section 304 Part-I, and sentenced to
rigorous imprisonment for a period of ten years. [Paras
11, 12] [796-H, 797-A-C]

    CRIMINAL APPELLATE JURISDICTION : Criminal D
Appeal No. 1247 of2015

     From the Judgment and Order dated 19.10.2012 olthe
High Court of Gauhati atAgartala Bench in Criminal Appeal
No. 115of2008                                               E

     Ms. Sangeeta Kumar, Vijay Kumar, Advs, for the
Appellant.

    Ms. N.S. Nappnal, Gopal Singh, Advs., for the
Respondent.                                                 F

     The Judgment of the Court was delivered by

     PRAFULLA C. PANT, J. 1. Leave granted.
                                                           G
     2. This appeal is directed against judgment and order
dated 19.10.2012, passed by Gauhati High Court in Criminal
Appeal No. 115 of 2008 whereby said Court has affirmed the
conviction and sentence recorded against the appellant, by
the Additional Sessions Judge, West Tripura Khowai, in ST. H
794         SUPREME COURT REPORTS                   [2015] 12 S.C.R.


A 42 (ST/K) of 2008 in respect of offence punishable under
  Section 302 of Indian Penal Code (IPC).
                 "
           3. We have heard learned counsel for the parties and
      perused the papers on record.
 8
            4. Prosecution story, in brief, is that on 17.06.2007 at
      about 10.00 a.m. an altercation took place between appellant
      Ranjit Sarkar and Anil Das (deceased) over draining out of
      rain water through paddy field in Village Tuichindrai. PW-1
 C    Sabitri Das, PW-6 Rina Das and PW-11 Sumitra Das
      intervened in the quarrel between the two, and subsided the
      matter. At about 9.00 p.m. on the sameday(17.06.2007),Anil
      Das accompanied by PW-2 Ajit Das, was returning from
      Tuichindrai market, and when they reached near the house of
 D    Ranjit Sarkar, he (Ranjit Sarkar) came from his house armed
      with wooden file and gave a severe blow on the head of A.nil
      Das, as a result he got injured and fell down. PW-2 Ajit Das
      raised alarm and neighbours reached at the spot. The injured
      was immediately taken to Teliamura Hospital from where he
 E    was shifted to G.B. Hospital, but finally succumbed to his injuries
      on the next day. A First Information Report was lodged by PW-
      1 Sabitri Das with Police Station Teliamura which was
      registered as PS case No. 45 of 2007 relating to offence
      punishable under Sections 341/302 IPC. PW-16 S.l.Akhter
 F    Hossen investigated the crime. After taking the dead body in
      his possession, he got prepared the inquest report, through
      PW-14A.S.I. Siba Prasad Sur. The dead body was sent in
      sealed condition for post mortem examination. The autopsy
      was conducted by PW-15 Dr. Ranjit Kumar Das on 18.6.2007,
 G    who recorded ante mortem injuries in the report (Ext. 5), and
       opined that the deceased had died of coma resulting from
       head injury caused by an impact of blunt object, sufficient to
       cause death in ordinary course of nature. After interrogating
      witnesses and on completion of investigation, charge sheet
 H
          RANJIT SARKAR v. STATE OF TRIPURA                       795
                 [PRAFULLA C. PANT, J.]

 was filed by the Investigating Officer against the appellant A
 before the Magistrate concerned. The case was committed
 to the Court of Sessions.

       5. The Additional Sessions Judge, West Tripura, Khowai,
 after hearing the parties, framed charge in respect of offence B
 punishable under Section 302 IPC against accused Ranjit
 Sarkar, who pleaded not guilty and claimed to be tried. On
 this prosecution got examined PW-1 Sabitri Das, PW-2 Ajit
 Das (eyewitness), PW-3 Bimal Das, PW-4 Satish Sarkar, PW-
 5 Nirmal Sarkar, PW-6 Rina Das, PW-7 Uttam Das (all C
 neighbours), PW-8 Suklal Malakar, PW-9 Mani Kanchan
 Chowdhary, PW-10 Dilip Sarkar, PW-11 Sumitra Das, PW-
 12 Sankar Das (neighbor), PW-13 Constable Kalidas Ghosh
 (who took the dead body for post mortem examination), PW-
 14A.S. I. Sibaprasad Sur (who prepared the inquest report), D
 PW-15 Dr. Ranjit Kumar Das (who conducted autopsy) and
 PW-16 S. I. Akhter Hossen (who investigated the crime).

         6. Oral and documentary evidence appears to have been
  put to the accused Ranjit Sarkar under Section 313 of Code E
  of Criminal Procedure, 1973, in reply to which he pleaded that
  the evidence against him is false, but adduced no evidence in
  his defence. The trial court after hearing the parties found that
. the charge of offence punishable under Section 302 IPC is
  sufficiently proved against the accused Ranjit Sarkar. !=
  Accordingly, he was convicted, and after further hearing,
  sentenced the convict to imprisonment for life and directed to
  pay fine of Rs.5000/-, in default of payment of which he was
  further directed to undergo rigorous imprisonment for a period
  of six months.                                                    G

       7. Aggrieved by said judgment and order dated
 19.11.2008, the convict preferred appeal before Gauhati High
 Court, and the same was dismissed vide impugned order
 challenged before us. ·                                      H
796       SUPREME COURT REPORTS                  [2015] 12 S.C.R.


A        8. In the grounds of appeal before us, it is admitted in
   ground (A) that an altercation did take place on 17.06.2007 at
   about 10.00 a.m. between Anil Das and the appellant over
   draining of rain water in the paddy field. In ground (C) it is
   pleaded that since the appellant has already undergone seven
 B years imprisonment, a compassionate view be taken and the
   conviction be converted to one punishable under Section 304
   Part-11 IPC.

          9. Learned counsel for the appellant submitted before
 C us that in view of single blow given on the head of the deceased,
   it is not a case covered under Section 302, but of culpable
   homicide not amounting to murder punishable under Section
   304 Part II IPC. On the other hand, learned counsel for the
   State of Tripura argued that the post mortem report shows there
 D are five ante mortem injuries, as such, the conviction does.not
   require any interference by this Court.

          10. We have carefully gone through the statement of PW-
   15 Dr. Ranjit Kumar Das, who conducted post mortem
 E examination on the dead body of Anil Das on 18.6.2007. In
   fact, first four ante mortem injuries mentioned by the Medical
   Officer relate to single injury. The first one is stitched wound.
   The second is haematoma on the deeper layer of scalp over
   right parietal region. The third injury also relates to the same
 F as it discloses fracture on the depressed bone of the head on
   anterior part of right parietal bone. The fourth ante mortem
    injury also relates to above three injuries. which discloses
   subdural haemorrhage present over cerebral hemispheres. The
    only ante mortem injury Nb. 5 is actually the second injury which
 G is an abrasion measuring 3cm x 2cm over the dorsum of left
    wrist joint.

         11. PW-2 Anil Das also dpes not state about more than
   one blow given by the appellant on the head of the deceased
 H with wooden file. The injury on the dorsum of left wrist joint
           RANJIT SARKAR v. STATE OF TRIPURA                      797
                  [PRAFULLA C. PANT, J.]

could have been caused when the injured fell down on the A
ground. As such, in substance the evidence on record suggests
only one blow given by the appellant on the head of the
deceased which appears to have been given with full force.

      12. In the above facts and circumstances, having re- B
assessed the depositions of witnesses and other evidence
on record, we are of considered opinion that the act on the
part of the appellant is covered by Part I of Section 304 IPC~
Therefore, we set aside the conviction and sentence under
Section 302 IPC, awarded by the trial court and affirmed by C
the High Court. Instead, the appellant Ranjit Sarkar is convicted
under Section 304 Part I, and sentenced to rigorous
imprisonment for a period of ten years. With this modification
in the conviction and sentence, the appeal stands disposed
~                                                                 D
Devika Gujral                               Appeal disposed of.