Neutral Citation No. 2025:JHHC:12175-DB 1 | P a g e Criminal Appeal (DB) No. 393 of 1997(P) Against the judgment and order of conviction and sentence dated 06.08.1997 (sentence passed on 08.08.1997) passed by Sri Swaroop Lal, learned 1st Additional District & Sessions Judge, Godda in Sessions Case No. 350 of 1985/104 of 1988 1. Jhupar Ravidas, son of Laldeo Rabidas 2. Kedar Ravidas, son of Darbari Ravidas Both are residents of Village Pandaha, P.S. Godda (T), District Godda ... Appellants Versus The State of Bihar (now Jharkhand) … Respondent ---- PRESENT HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE ARUN KUMAR RAI For the Appellants : Mr. Manoj Kumar Sah , Advocate For the Respondent (State) : Mr. Tarun Kumar, APP CAV on 24.03.2025 Delivered on 08.04.2025 ---- Rongon Mukhopadhyay, J. : 1. Heard Mr. Manoj Kumar Sah, learned counsel appearing for the appellants and Mr. Tarun Kumar, learned APP 2. This appeal is directed against the judgment and order of conviction and sentence dated 06.08.1997 (sentence passed on 08.08.1997) passed by Sri Swaroop Lal, learned 1st Additional District & Sessions Judge, Godda in Sessions Case No. 350 of 1985/104 of 1988, whereby and whereunder, the appellants have been convicted for the offences punishable u/s 302/34 of the Indian Penal Code (IPC) and have been sentenced to undergo rigorous imprisonment for life. 3. The prosecution case arises out of the fardbeyan of Ishwari Das recorded on 10.06.1985 in which it has been stated that around 3 p.m. the goat of the informant was grazing near Chhitni Pokhar and all of a sudden it went towards the field of Laldeo Ravidas who took the goat to his house and started beating it. The informant and his wife Phulmani Devi protested and a quarrel ensued. It has been stated that by that time Jhupar Ravidas, Neutral Citation No. 2025:JHHC:12175-DB 2 | P a g e Darbari Ravidas and Kedar Ravidas had arrived and started committing assault upon the wife of the informant. When the informant raised an alarm, the villagers Bhola Ravidas, Kulesh Ravidas, Janardan Ravidas and others had arrived and pacified the matter. The wife of the informant had become unconscious and she was taken to Sub Divisional Hospital, Godda, where she is being treated. Based on the aforesaid allegations, Godda (Nagar) P.S. Case No. 111/1985 was instituted. On completion of the investigation, charge-sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as Sessions Case No. 350 of 1985. Charge was framed against the accused persons for the offence punishable u/s 302/34 of the I.P.C. which was read over and explained to the accused in Hindi to which they pleaded not guilty and claimed to be tried. 4. The prosecution has examined as many as ten (10) witnesses in support of its case. P.W. 1 Bhola Ravidas @ Bhola Das has stated that he knew Phulmani Devi who had died 7 years back. He has stated that on Monday at 3 p.m. the goat of Phulmani Devi was grazing near Chhitni Pokhar and later on the goat wandered to the field of Laldeo Ravidas. Laldeo had taken away the goat and tied it to a platform outside his house. After tying the goat, he started beating it when Phulmani Devi came and asked Laldeo not to beat the goat. This led to a quarrel and by that time Darbari, Jhupar and Kedar had arrived. Darbari had caught Phulmani by her hair and thrashed her on the ground and thereafter they started assaulting her with fists and kicks. Phulmani became unconscious due to the assault. The accused persons thereafter fled away. He has stated that Phulmani as per his knowledge was taken to Godda Hospital from where she was referred to Bhagalpur Hospital where she died. In cross examination he has deposed that he had not seen the goat grazing. He had not seen Laldeo bringing the goat to the house. He was Neutral Citation No. 2025:JHHC:12175-DB 3 | P a g e going to survey his field when on hearing a commotion, he had stopped at the place of occurrence. Ishwari had also come with Phulmani, but had left her at the time when the assault had started. All the accused persons had kicked Phulmani. Nobody had assaulted her with Lathi. The assault with fists was merely concentrated on the body and the abdomen. He was at a distance of 10-12 ft. from the place where the assault was being made. As the assault was in progress, he had left for his field. Nirmal Hari and Yashoda had gone to the place of occurrence after the assault had already taken place. P.W. 2 Kulesh Ravidas has stated that the incident is of 10.06.1985 at 3 p.m. He had returned from Godda College after his classes got over and he was conversing with his friend Janardan Ravidas. When he heard a commotion coming from the village and when he went he saw a quarrel going on. A goat was tied in a stake and Phulmani Devi was pleading to let go of the goat. The goat was tied by Laldeo Ravidas who was refusing to untie it as it had eaten away the seeds. In the meantime Darbari Ravidas, Jhupar Ravidas and Kedar Ravidas had arrived and all four had started committing assault on Phulmani with fists and kicks as a result of which she became unconscious. He thereafter left for his house while Phulmani was taken by the villagers on a cot to Godda Hospital. He later on came to know that Phulmani was shifted to Bhagalpur Hospital where she died. In cross examination he has deposed that he had gone to the place of occurrence with Janardan. He had heard the sound of kicks from a distance of 40 yards. When he had reached the assailants had already fled away and Phulmani was lying unconscious. P.W. 3 Janardan Ravidas has stated that he was in his house, when he heard a cry of alarm. The source of alarm was coming from the house of Laldeo. When he went he saw Darbari, Jhupar and Kedar assaulting Phulmani Devi with fists and kicks. Phulmani on account of the assault had become unconscious. He does not know as to whether Phulmani was later on taken to the Hospital or not. Neutral Citation No. 2025:JHHC:12175-DB 4 | P a g e In cross examination he has deposed that when he heard the commotion, his friend Kulesh was sitting with him. Both had together come to the place of occurrence. When he had reached all the accused persons were assaulting Phulmani. He had not seen any marks of injury on the body of Phulmani. P.W. 4 Kati Ravidas @ Kalidas has stated that on hearing a commotion, he had come to the house of Laldeo Ravidas, where he saw Laldeo, Jhupar, Darbari and Kedar committing assault upon Phulmani with fists and kicks. Phulmani on account of the assault had fallen down unconscious. She was thereafter taken to Godda P.S. and then to Sadar Hospital Godda. He later on came to know that Phulmani has died. In cross examination he has deposed that after hearing the cry of alarm of Phulmani for 15 minutes he had gone to the place of occurrence. He was accompanied to the place of occurrence by Nirmal, Bhola, Kulesh, Janardan and other villagers. There are four houses between his house and that of Laldeo. When he had reached Phulmani was standing and was being assaulted upon due to which she became unconscious. The accused persons fled away when the villagers had arrived. P.W. 5 Nirmal Das did not support the case of the prosecution and was declared hostile by the prosecution. P.W. 6 Ishwari Das @ Ishwar Ravidas is the informant and the husband of the deceased who has stated that it 3 p.m. and his goat while grazing had gone towards the place where seeds were kept at which Laldeo, Jhupar, Darbari and Kedar came and after tying the goat to the stake, they started beating it. He and his wife had protested against such act to which all the accused persons had caught hold of the hair of his wife and started assaulting her with fists and kicks. His wife became unconscious due to the assault after which she was taken to Godda Town P.S. where his Fardbeyan was recorded and thereafter Phulmani was admitted in Sadar Hospital Godda. When Phulmani did not regain consciousness for two days, she was referred to Bhagalpur where she was admitted in Bhagalpur Medical Neutral Citation No. 2025:JHHC:12175-DB 5 | P a g e College and Hospital and after two days she died. His statement was recorded by the Bhagalpur Police at the hospital itself. Due to the assault committed by the accused persons, the head of his wife was crushed and her intestine and other organs were severely damaged. In cross examination he has deposed that before the incident also he had a quarrel with the accused persons on several occasions. He had informed about such quarrels to the Mukhiya of the village. He and the accused used to take contract for cutting of earth and the cause of dispute was the transaction arising out of such partnership. None of the accused persons had committed assault upon him. It was Darbari who had caught the hair of his wife and felled her on the ground and thereafter the accused persons started committing assault upon her. No injuries could be seen on the person of his wife. He had raised an alarm after the assault had already taken place. At his alarm, Godhi Ravidas, Lalji Ravidas, Kulesh Ravidas, Kari Das, Janardan Rai, Jiyaram Das, Kanhai Ravidas and others had arrived. He has deposed that earlier also a threat was issued by the accused persons for which a proceeding u/s 107 Cr.P.C. was initiated. His wife did not have any disease. P.W. 7 Jiyaram Ravidas is the son of the deceased Phulmani who has stated that he had gone to his in-laws place when at 5 p.m. Kuleshwar Ravidas came and informed that he had seen his mother being assaulted by Laldeo Ravidas, Kedar Ravidas, Darbari Ravidas and Jhupar Ravidas and she had become unconscious as a consequence of such assault. On receiving such information, he had rushed to his village which is at a distance of 1 k.m. and he came to know that his mother has been taken to Godda Hospital. He immediately went towards Godda, where on the way he saw his father and the villagers carrying his mother on a cot to Godda Hospital. Initially they had gone to Godda Nagar P.S. and thereafter to Godda Sadar Hospital where the police had recorded the Fardbeyan of his father. After 3- 4 days, his mother was taken to Bhagalpur Hospital where after a few days she died. Neutral Citation No. 2025:JHHC:12175-DB 6 | P a g e In cross examination he has deposed that he had gone to his in-laws’ place alone. P.W. 8 Ayodhya Ravidas has stated that he had returned to his village from Dudhiya Pahari at 4 p.m. and when he heard a commotion in the village, he went near the house of Laldeo, where he found Phulmani lying on the ground in an unconscious state. He and the others had taken her on a cot to the Police Station and thereafter to Godda Hospital. Since Phulmani was not recovering in the said hospital, the son of Phulmani had got her admitted in Bhagalpur Hospital. Later on he came to know that Phulmani had died in Bhagalpur Hospital. The husband of Phulmani had disclosed that Phulmani was assaulted by Laldeo Ravidas, Jhupar Ravidas, Darbari Ravidas and Kedar Ravidas with fists and kicks. In cross examination he has deposed that he had not witnessed any quarrel between the parties. He had seen Phulmani lying in an injured condition. There were no injuries on the person of Phulmani. P.W. 9 Nageshwar Sharma was posted as a Junior Sub Inspector of Police at Godda Town P.S. and on the basis of an O.D. Slip, he had gone to the hospital on 21.06.1985. He has clarified and has stated that the O.D. Slip was received on 10.06.1958. The Fardbeyan of Ishwari Ravidas was recorded by Shobhit Roy and on such basis a Station Diary Entry was made. On 22.06.1985 on the orders of the Sub Inspector of Police, Godda P.S. Case No. 111 of 1985 was instituted. He has proved the Fardbeyan which has been marked as Ext. 1 and the formal F.I.R. which has been marked as Ext. 2. After taking over the investigation, he had inspected the place of occurrence which is in an unmetalled about 10 hands North from the wall of Laldeo Ravidas. He had recorded the statement of the witnesses. He had received the Fardbeyan of Ishwari Ravidas recorded at Bhagalpur Medical College & Hospital from Assistant Sub Inspector of Police Shatrughan Singh as well as the inquest report prepared by him. He had recorded the restatement of Ishwari Singh on 20.06.1985. He had received the postmortem report from Bhagalpur Medical College and Hospital and the viscera was sent to the Neutral Citation No. 2025:JHHC:12175-DB 7 | P a g e Forensic Science Laboratory, Bihar, Patna. On completion of investigation, he had submitted charge sheet. The witness Nirmal Das had stated that Darbari Ravidas had caught the hair of Phulmani and thrown her to the ground and Jhupar, Kedar and Laldeo Ravidas had assaulted him with fists and kicks. In cross examination he has deposed that Siyaram Ravidas had not stated before him that at 5 p.m. Kuleshwar Ravidas had told him about the assault committed by the accused upon his mother and that she had become unconscious. The witness Ayodhya Ravidas had stated that he had hearsay knowledge about the incident. P.W. 10 Dr. Nagendra Narayan Bhagat was posted as an Assistant Professor in the Department of Forensic Medicine, Jawaharlal Medical College, Bhagalpur and on 21.06.1985 he had conducted autopsy on the dead body of Phulmani Devi and had found the following: 1. No external injuries were visible. On dissection- (i) Both lungs contused, liver, spleen and kidneys congested, patched haemorrhage in brain, uterus of normal size non pregnant, a portion of heart and lungs, liver, spleen kidneys and stomach with its contents were sealed by me in a glass jar. The cause of death was preserved awaiting the chemical examination report of the Viscera. He has proved the postmortem report which has been marked as Ext. 5. 5. The statements of the accused/ appellants were recorded under Section 313 Cr.P.C. in which they have denied their complicity in the murder of Phulmani Devi. 6. It has been submitted by Mr Manoj Kumar Sah, learned counsel for the appellant that the allegations are general and omnibus in nature. It has further been submitted that the incident had taken place on account of a sudden quarrel without any premeditation due to the goat of the deceased grazing the field of Laldeo Ravidas. The allegation of assault has been Neutral Citation No. 2025:JHHC:12175-DB 8 | P a g e falsified by virtue of the postmortem report in which no external injuries were found upon the person of the deceased. 7. Mr. Tarun Kumar, learned APP has submitted that the evidence of the witnesses clearly reveal a brutal assault committed upon Phulmani Devi resulting in her death. 8. We have heard the submissions of the learned counsel for the respective sides and have also perused the trial court records. 9. A trivial incident of a goat of the informant in course of grazing had wandered towards the field of Laldeo Ravidas and this caused consternation amongst the accused and when the goat was tied to a stake and was being beaten, Phulmani Devi and the informant protested and though the accused persons had not caused assault to the informant, but they had however thrown Phulmani on the ground and kicked and slapped her which resulted in her becoming unconscious and she was taken to Sadar Hospital Godda initially and thereafter to Bhagalpur Medical College and Hospital where she died after two days. P.W.-1, P.W.-2, P.W.-3, P.W.-4 and P.W.-6 are the eye witnesses who have stated about the concerted assault committed by the accused persons including the appellants as well as the precursor to the incident. None of the eye witnesses have stated about the accused persons being armed and the assault had taken place due to the sudden quarrel between the parties. The allegations of assault are general in nature though some of the witnesses have gone overboard in describing the brutality of the assault, but such assertion seems to have been considerably diluted as no marks of violence were found on the body of the deceased as per the postmortem report. The viscera which was preserved and sent to the Forensic Science Laboratory never culminated in a report placed before the learned trial court. No definite opinion about the cause of death has been given though it has been opined that there were injuries on the lungs which were antemortem in nature. However, such ambiguous finding in the postmortem report would not dissuade us to come to a conclusion about the innocence of the appellants. An assault had taken place perhaps not to the Neutral Citation No. 2025:JHHC:12175-DB 9 | P a g e degree highlighted by the prosecution witnesses and considering the fact that the prelude to such assault was the beating of a goat and an ensuing quarrel coupled with the fact that the appellants were not armed, the invocation of Section 304 Part II I.P.C. would be in the facts and circumstance of the case a justifiable punishment for the appellants. 10. We therefore on the basis of the findings recorded above, modify the conviction awarded to the appellants into one u/s 304 Part II I.P.C. and consequently modify the sentence as well in view of the fact that the occurrence had taken place about four decades back and the appellants have remained in custody for more than a year to the period already undergone by them. 11. This appeal stands disposed of with the modification in the judgment and conviction and order of sentence, as noted above. Pending I.As. if any stand closed. (RONGON MUKHOPADHYAY,J.) (ARUN KUMAR RAI, J.) Jharkhand High Court, Ranchi Dated the 08th April, 2025 MK/N.A.F.R.