The circumstance and the actions attributable to the culpable homicide did not amount to the murder falling within the ambit of Exception 4 to Section 300 of the I.P.C is held by Justice B.P.Routray in the matters of Raina @Ranjan Juanga v. the State of Odisha. [CRLA No. 356 of 2009].
The background of the case arises from, the appellant and the deceased two friends quarrelling with each other. The quarrel intensified near the house of the deceased and the appellant assaulted the deceased by fist blows. Hearing the shout, two elder brothers of the deceased came out from their house and separated them. During the quarrel deceased fell on a hard surface and sustained a head injury. Then the appellant left the place promise to take the deceased to the hospital and did not turn up. On the same day evening, the injured friend died and lodged a written report. Internal Investigation Command took up the investigation. The next day the dead body was sent to Post mortem examination. The accused was arrested and upon completion of the investigation, a charge sheet was submitted against the appellant as the sole accused of the commission of an offence under Section 302 of the Indian Penal Code.
On the trial, the appellant takes the plea of false implication. The prosecution examined 5 witnesses and marked 7 exhibits to prove the case. No material object has been adduced in evidence. The defence did not adduce any evidence. On completion of the trial convicted the appellant for the murder of the deceased with the finding that the prosecution had successfully proven the charge against the appellant. The witness has said no use of weapons during the commission of the offence. The cause of the injury in the head of the deceased was due to his fall on the hard surface. There are no proven circumstances that point to the intention of the appellant. There does not appear to be any prior enmity between the appellant and the deceased. Even the case of the prosecution is that they both are friends before the occurrence
Post mortem examination found one Lacerated injury over the right frontal area of the head, one abrasion on the left knee. The abdominal skin around the umbilicus was found to have turned blue. All the injuries were found to be ante mortem in nature. The external injury on the head was associated with bleeding and fracture of the frontal bone exposing the brain matter just above the right orbital margin. In this opinion, it is held that death was homicidal.
The Hon’ble Court said that the appellant has undergone almost 14 years of imprisonment. The sentence is modified to the period of imprisonment already undergone by the appellant, accordingly direct to immediate release. The Culpable actions of the appellant were without any intention to cause death, which attracts the punishment under Section 304 part II of the I.P.C and not under Section 302.
Judgment Reviewed by Kaviya S