LexBADAL MURMU AND ORS. versus STATE OF WEST BENGAL
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(2014] 2 S.C.R. 323 BADAL MURMU AND ORS. V. STATE OF WEST BENGAL (Criminal Appeal No. 1502 of 2004) FEBRUARY 5, 2014 [RANJANA PRAKASH DESAI AND MADAN B. LOKUR, JJ.) A B Penal Code, 1860: s. 302 r/w s. 149 - Murder - Assault with lathis leading to death - Two wives of the victim-deceased C present at the place of incident where the deceased was called along with PW-7 by accused-appellants, witnessed the incident - PW-7 managed to escape - Deceased was assaulted with lathis which led to his death - Conviction ul s.302 rlw s.149 by courts below - On appeal, held: The D evidence of the prosecution witnesses was truthful and, therefore, rightly relied upon by courts below - However, the evidence on record showed that some of the accused had tangies (sharp cutting weapon) in their hand but they did not use it - All accused were stated to have assaulted the E deceased simultaneously with /athis - No individual role was ascribed to any one - Doctor also did not state which injury was fatal - Therefore all the accused cannot be said to be guilty of murder - In peculiar facts, it cannot be held that the accused shared common object to murder the deceased and F that in prosecution of that common object they caused his death - It is unusual case where a trivial incident of theft of hen by deceased led to his murder - Accused were poor tribals and have been in jail for 14 years - In the interest of justice, conviction uls.302 rlw s.149 is set aside and the accused are G convicted uls. 304 Part II and the sentence already undergone by them is directed to be treated a sentence imposed on them u/s. 304 Part II /PC. 323 H 324 SUPREME COURT REPORTS [2014] 2 S.C.R. A . The prosecution case was that there was inimical relation between the deceased and accused family due to stealing of hen of one appellant-8 by the deceased. On the fateful day, the deceased and PW-7 were called for a meeting. When deceased and PW-7 reached the place of B meeting, the appellants tied them with a rope against the bamboo pole and tree. The appellants were armed with lathis and tangies (Sharp cutting weapons). They assaulted the deceased with lathis. PW-7 managed to escape. The appellants continued to beat the deceased c and as a result he died. The two wives of the deceased who had followed the deceased to the place of meeting saw the incident. The trial court found all the eleven appellants guilty and convicted them under section 148 and section 302 r/w section 149, IPC. The High Court 0 affirmed the same. The instant appeal was filed challenging the order of the High Court. Disposing of the appeal, the Court HELD: 1. PW-1, the first wife of deceased narrated the E entire incident after describing the previous incident about the stealing of the hen by her husband and the penalty imposed by the Salishman. She stated how PW- 7 was tied to a Kull tree and beaten up; how PW-7 fled away and how deceased was beaten to death by using F lathis by the appellants after tying him to a bamboo pole. She did not, however, describe the exact role of each of the appellants. She did not state who assaulted where. The evidence of PW-3 was on similar lines. PW-6, the second wife of deceased also corroborated PW-1 so far G as the assault on deceased was concerned. PW-7, the injured witness described the events that preceded the incident. He stated that he somehow managed to escape and got himself examined by the doctor. His evidence __ 1dicated that out of fear he ran away and did not inform anyone about the incident. The doctor PW-9 who did the H BADAL MURMU AND ORS. v. STATE OF WEST 325 BENGAL post-mortem of deceased stated that the death was A caused due to the injuries described by him and that the injuries could be caused by a blunt object like lathi. The evidence of PW-1, PW-3, PW-6 and PW-7 was truthful and was· rightly relied upon. They were rustic witnesses and candidly stated all that they had seen. Pertinently, PW-7 B did not hesitate to name his brother as one of the assailants. No doubt, these witnesses were related to deceased, but the tenor of their evidence was such that it was not possible to say that they have falsely involved the appellants. Their evidence had a ring of truth. The c prosecution, therefore, proved that the appellants assaulted deceased with lathis which resulted in his death. [para 6] [330-F-G; 331-A-F] Kirti Mahto & Ors. v. State of Bihar 199
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