RANCHI, India, Oct. 21 -- Jharkhand High Court issued the following order on Sept. 22:

1. Heard learned counsel for appellants Mr. Nagmani Tiwari as well as Mrs. Nehala Sharmin learned Special Public Prosecutor appearing for the State.

2. Instant criminal appeal originally preferred by three appellants namely, Dilip Rabidas, Badal Rabidas and Anita Rabidas, out of them appellant (Dilip Rabidas) has died and appeal preferred on his behalf has been abated vide order dated 24.04.2025.

3. The appellants have challenged the legality of their conviction and sentenced passed by Ist Additional Sessions Judge, Pakur in sessions Case no. 73 of 2003 dated 13th August, 2004 whereby and whereunder the appellants have been held guilty for the offences under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life alongwith a fine of Rs.50,000/- along with default stipulation.

Factual Matrix

4. Factual matrix giving rise to this appeal is that on 22.04.2003 at about 06:00 AM, some quarrel broke between Rupan Rabidas and Dilip Rabidas due to keeping cow dung near the exit of the house of the informant which was protested by the informant. It is alleged that in the meantime, brother of Dilip Rabidas namely Badal Rabidas (appellant no.1) and Anita Rabidas (appellant no.2) wife of Dilip Rabidas also arrived there. It is further alleged that Badal Rabidas caught hold of Rupan Rabidas and Anita Rabidas brought sharp cutting Hasua and gave it to her husband. It is also alleged that Dilip Rabidas with intent to kill the informant gave 'Hasua' blow on the back and above the chest which caused severe injuries. The informant's wife (Astami Rabidas) came to rescue her husband, then she was also assaulted by Badal Rabidas and Anita Rabidas by lathi.

5. On the basis of the above information, F.I.R. was registered as Maheshpur P.S. Case No. 32 of 2003 for the offences under Sections 341, 307, 324, 326 and 323/34 of the Indian Penal Code. Later on, injured succumbed to the injuries and accordingly, charge-sheet was submitted for the offence including Section 302/34 of the Indian Penal Code.

6. The appellants have denied the charges and claimed to be tried. After conclusion of trial, impugned judgment and order of conviction and sentence of the appellants has been passed.

7. Learned counsel for the appellants submitted that the genesis of the occurrence shows that occurrence was started on a trivial matter of throwing cow dung near the main door of the informant and the main allegation of assault is against the appellant (Dilip Rabidas) who has been died during the pendency of this appeal. So far complicity of appellant Badal Rabidas and Anita Rabidas is concerned, there is simple allegation of assaulting the informant's wife (Astami Rabidas) by lathi. It is further alleged that appellant (Anita Rabidas) gave 'Hasua' to her husband which was used in assaulting the deceased, therefore, her culpability cannot be considered at par with her husband. In the course of trial, the eye-witnesses have not been able to attribute any specific overt act against the appellant Badal Rabidas and Anita Rabidas.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=94g2mG%2B4Dkj9qDi7aqGKGfa0wh4qt0xxwWb8h3UpfUSFjDsoIv%2BQLEXHBuTuJ7gH&caseno=Cr.A(DB)/1481/2004&cCode=1&cino=JHHC010099262004&state_code=7&appFlag=)

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