Sohaga Ram v. The State of Bihar

Judgment

1. This appeal has been preferred against the judgment of conviction and sentence dated 20.8.1988 passed by the learned 1st Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 332/27 of 1986 by which the appellant no. 1 was sentenced to undergo rigorous imprisonment for life and rigorous imprisonment for two years under sections 302 and 148 I.P.C. respectively, the appellant no. 2 Patna High Court CR. APP (DB) No.513 of 1988 dt.16-04-2012 2 has been convicted and sentenced to rigorous imprisonment for two years and rigorous imprisonment for ten years under Section 148 and 326 I.P.C. respectively and appellant no. 3 has been convicted and sentenced to rigorous imprisonment for two years and six months for the offence punishable under Sections 148 and 324 IPC respectively. All the sentences have been ordered to run concurrently.

2. The prosecution case, in brief, is that on 25.3.1986 at about 6 p.m. she-goat of the accused Chhabi Ram had strayed in the harvested Masuri crop belonging to one Parsidan Ram which had been spread on an open land north of National Highway No. 30 passing through the village and P.S. Kochas in the district of Rohtas. The wife of Parsidan went to lodge protest with the wife of accused Chhabi Ram. In the meantime, the wife of Sohaga Ram (Appellant No. 1) came out on the road and started hurling abuses. Sohaga Ram also reached there and asked Parsidan Ram to remove his hut which was there on the pretext that the land on which it was constructed belongs to him. This led to some altercation between Sohaga Ram and Parsidan Ram. In the meantime, informant Nand Lal Ram (P.w. 9) arrived there and he also joined

Patna High Court CR. APP (DB) No.513 of 1988 dt.16-04-2012 3 the fray. While the altercation was going on, the accused Chhabi Ram arrived there with a lathi and struck the informant who raised alarm attracting his uncle Bachanu Ram (deceased) who tried to persuade the parties not to quarrel. Thereafter, accused Sohaga Ram went to his house and fetched a Bhala and struck with it on Bachanu Ram on his face. Bachanu Ram fell down on being so injured. His brother Sheopujan Ram (P.W. 6) reached there to his rescue. He was also struck by Ramjee Ram (appellant no. 2) with a Bhala on his abdomen. Dular Chand Ram (Appellant No. 3) snatched Bhala from his uncle Ramjee Ram (appellant no. 2) and struck Baijnath Ram (P. W. 3) who got injury on his thigh and waist. Doma Ram also struck Nathuna Ram (P.W. 5), the father of the informant Nand Lal Ram (P.W. 9). On the way to Kochas Hospital Bachanu Ram succumbed to the injury inflicted on him. The remaining two injured Sheopujan Ram (P.W. 6) and Baijnath Ram (P.W.3) were rushed to Sadar Hospital Sasaram where their treatment was made for the injury. The Sub-Inspector Saghir Ahmad (P.W. 10) rushed to hospital and at 6.30 pm. recorded fard beyan (Ext.2) of Nand Lal Ram (P.W. 9).

3. On the basis of fardbeyan Kochas Patna High Court CR. APP (DB) No.513 of 1988 dt.16-04-2012 4 P. S. Case No. 15 of 1986 was registered. After investigation charge-sheet submitted, cognizance was taken and the case was committed to the Court of Sessions. Charges were framed against the accused Doma Ram, Ramjee Ram and Chhabi Ram for the offence punishable under Section 323 IPC, Dular Chand Ram was charged under Section 324 IPC, Sohaga Ram was charged under Section 302 I.P.C. Ramjee Ram was further charged for the offence punishable under Section 326 IPC. The accused Chhabi Ram, Sohaga Ram, Dular Chand Ram, Ramjee Ram and Doma Ram were further charged under Section 148 I.P.C. and all the accused except Sohaga Ram have been charged for the offence punishable under Section 302/149 IPC. The accused denied the charges and claimed to be tried. After trial Ramjee Ram, Dular Chand Ram, Chhabi Ram and Doma Ram were acquitted from the charges under Section 302/149 I.P.C. and the appellants were held guilty and sentenced as aforesaid.

4. The defence of the accused person is that occurrence as alleged did not take place as a matter of fact Parsidan Ram had seized she- goat of Chhabi Ram because it strayed into his Masuri Crop and tied the same. Accused Sohaga Ram Patna High Court CR. APP (DB) No.513 of 1988 dt.16-04-2012 5 and his wife Lacho Devi approached the said Parsidan Ram for releasing the she-goat. Thereafter, Parsidan picked up a brick bat and struck with it on the wife of accused Sohaga Ram. In the meantime, one Sri Pati Ram (P.W.7) ordered for assault. Thereafter, Baijnath Ram (P.W. 3), his brother Murari Ram, Nathuna Ram (P.W. 5), Sheopujan Ram (P.W. 6), Dhari Ram and Ram Ekbal Ram (P.W. 1) arrived there armed with lathi and Bhala and they inflicted injuries on the wife, daughter and daughter-in-law of accused Sohaga Ram, besides, injuring accused Sohaga Ram himself and others.

5. During pendency of the appeal Sohaga Ram (appellant no. 1) who was found guilty under Section 302 I.P.C. and sentenced to rigorous imprisonment for life died and the proceeding against him has been abated, as such it is not required to discuss about the evidence against him.

6. This Court required reappraise the evidence as to whether the prosecution has been able to substantiate its case against the appellants beyond reasonable doubts.

7. The prosecution examined Patna High Court CR. APP (DB) No.513 of 1988 dt.16-04-2012 6 following witnesses to substantiate its case: P.W. 1 Ram Ekwal Ram, P. W. 2 Lal Mohar Ram, P. W. 3 Baij Nath Ram, P. W. 4 Jamuna Ram, P. W. 5 Nathuna Ram, P. W. 6 Sheo Pujan Ram, P. W. 7 Sri Pati Ram, P. W. 8 Dr. Ram Deo Rai, P. W. 9 Nand Lal Ram, P. W. 10 Saghir Ahmad, P. W. 11 Dr. Naresh Pd. Rai, and P. W. 12 Dr. Pramod Kumar.

8. The following documents have been adduced on behalf of the prosecutions: Ext. 1, 1/1, 1/2 are injury reports, Ext. 2 is fard beyan, Ext. 3 is Inquest report, Ext. 4 is the formal FIR, Ext. 5 is the post-mortem report. No witness has been examined on behalf of the defence. However, following documents have been produced: Ext. A is the fard beyan of Kochas P. S. Case No. 16 of 1986, Ext. A/a is formal FIR of Kochas P. S. Case No. 16 of 1986 and Ext. A/b is the fard beyan of Baijnath Ram.

9. P. W. 1 has stated that the occurrence took place at 6 p.m. which was the day of Holi festival. He was near the land of Nirmal Sah where Masuri Crop was spread. She-goat of Chhabi Ram started galloping Masuri crop. The wife of Parsidan Ram went to make a complaint to the wife of Chhabi Ram. When the wife of Parsidan was returning, the wife of Chhabi Ram and Sohaga Patna High Court CR. APP (DB) No.513 of 1988 dt.16-04-2012 7 Ram abused the wife of Parsidan came near the Masuri crop. The hut of Parsidan was near Masuri crop. Chhabi Ram, Sohaga Ram, Doma Ram and Ramjee Ram started pulling the hut on the pretext that the hut of Parsidan was situated on their land. Bachanu Ram was not well for three days he came there and intervened. He tried to pecify the accused persons. Thereafter, accused Sohaga Ram, Ramji Ram and Dular Chand Ram struck him with Bhala. When Sheopujan Ram (P.W. 6) came to rescue of his brother Bachanu Ram he was also assaulted by the accused Sohaga Ram, Ramjee Ram, Dular Chand Ram. Baijnath Ram (P.W. 3) came to his rescue thereafter all the three accused assaulted him with Bhala after knowing that Bachanu died all the accused fled away. In the cross- examination, he has also stated that Sheopujan Ram (P.W. 6) and Baijnath Ram (P.W. 3) had also come at Sasaram Hospital. He has stated that he was also assaulted.

10. P. W. 2 Lal Mohar Ram is the brother of the deceased. He has also supported the prosecution case. He has been cross-examined at a great length.

11. P.W. 3 is also a witness who was injured during the occurrence. He has stated that Patna High Court CR. APP (DB) No.513 of 1988 dt.16-04-2012 8 after getting information about the occurrence he went to the place of occurrence and saw that Sohaga Ram, Ramjee Ram and Dular Chand Ram were assaulting Bachanu Ram with Bhala. These three accused assaulted Sheopujan Ram (P.W. 6) with Bhala. Ramji Ram and Dular Chand Ram assaulted him (P.W. 3) with Bhala on his right thigh and left waist. Nathuna Ram (P.W. 5) went there he was also assaulted by Chabbi Ram. He has also stated that the abdomen of Shoepujan Ram was badly injured. Bachanu Ram succumbed to his injury while he was taking to hospital. He has also been cross-examined at great length.

12. P. W. 4 Jamuna Ram has been tendered.

13. P. W. 5 Nathuna Ram, the father of the informant (P.w.9) has also supported the prosecution case as P. W. 2.

14. P. W. 6 Sheo Pujan Ram is also one of the injured and the victim of the occurrence. He has also supported the prosecution case. He has stated that when he went to rescue his brother Bachanu Ram the accused Sohaga Ram, Ramji Ram and Dular Chand Ram assaulted him with Bhala which caused injury in his stomach he fell down and became senseless. He was taken to Patna High Court CR. APP (DB) No.513 of 1988 dt.16-04-2012 9 hospital at Sararam where he regained his sense. In his cross-examination he has accepted that he is also an accused in the case lodged by Lacho, wife of Sohaga Ram.

15. P. W. 7 has also supported the prosecution case and has stated that Sohaga Ram, Ramji Ram and Dular Chand Ram assaulted Bachanu Ram with Bhala. Chhabi Ram and Doma Ram assaulted with lathi. Bachanu fell down. Sheo Pujan Ram (P.W. 6) came to his rescue who was also assaulted by them. In his cross-examination, he has stated that he had not seen early part of the occurrence and had not seen she-goat galloping Masuri crop nor he saw the prosecution party making any complaint against the accused. In paragraph 17 he has admitted that he is an accused in the case lodged by Lacho.

16. P. W. 9 Nandlal Ram is the informant. He has stated that on 23.3.1986 at 6 p.m. the crop of Masuri in the boundary of Nirmal Sah was being galloped by she-goat of Chhabi Ram. The wife of Parsidan went to the house of Chhabi Ram when she was returning the wife of Chhabi Ram and Sohaga Ram abused her and came to National Highway. In the meantime, Sohaga Ram, Ramjee Ram, Dular Chand Ram, Chhabi Ram and Doma Ram came Patna High Court CR. APP (DB) No.513 of 1988 dt.16-04-2012 10 there. Sohaga Ram, Ramjee Ram and Dular Chand Ram were armed with Bhala. Chhabi Ram and Doma Ram were armed with lathi. They started pulling the hut of Parsidan Ram. He (P. W. 9) asked accused as to why they were pulling the hut, thereafter, Chhabi Ram assaulted him with lathi and on raising alarm Bachanu Ram came there and asked the aforesaid accused as to why they were quarreling on the date of festival. Thereafter, Sohaga Ram, Ramji Ram and Dular Chand Ram assaulted Bachanu Ram. Bachanu Ram fell down after getting the injury Sheopujan Ram (P.W. 6) came there who was also assaulted by Sohaga Ram, Dular Chand Ram and Ramji Ram with Bhala which caused injury in his stomach and he fell down. Baijnath Ram (P.W. 3) came to rescue of Sheopujan Ram. Thereafter, he was also assaulted by the aforesaid three accused with Bhala. Nathuni Ram was also assaulted with Lathi by Chhabi Ram and Doma Ram. After hearing that Bachanu Ram died all the accused fled away. After the occurrence all the injured were taken to hospital. Bachanu Ram succumbed to his injury in the way to hospital. His statement was recorded by the police officer in Kochas hospital.

17. P. W. 8 Dr. Ramdeo Rai has Patna High Court CR. APP (DB) No.513 of 1988 dt.16-04-2012 11 examined Sheopujan Ram (P. W. 6) on 26.3.1986 at

00.25 a.m. in precarious condition while he was posted as Assistant Civil Surgeon at Sadar Hospital Sasaram. His pulse was being felt and the bowel coils were protruding out side the abdominal wall on the left flank with multiple punctures. Blood was transfused and the injured was ruscitated. In the morning he was taken to the operation theatre and then the doctor found that there was a penetrating wound in the left loin and blood vessels of the portion of jejunum and ileum were damaged leading to gangering of the bowel. On opening the abdomen, there was found puncture in the urinary bladder also. The dead portion of the bowel 18” in length was resected and the bladder was repaired. The doctor has said that the injury was grievous in nature and was caused by some sharp cutting weapon might be Bhala within 12 hours. He has also stated that on 27.3.1986 at 10.30 A.M. he had also examined P. W. 3 Baijnath Ram son of Sukhan Ram of the same place and found the following two injuries on his person:- (i) (ii) one cut ½” X ¼” on the right thigh. One cut wound ½” X ¼” on the left Patna High Court CR. APP (DB) No.513 of 1988 dt.16-04-2012 12 loin. According to the doctor both the injuries were simple in nature and caused by some sharp cutting weapon like Bhala within 48 hours. The injury report prepared in respect of injured Sheopujan Ram is Ext. 1, whereas, that prepared in respect of Baijnath Ram is Ext. 1/1 . In course of his cross-examination P. W. 8 has stated, and it transpires from Ext. 1/1, that he has not mentioned the exact time when injured Baijnath Ram had been examined by him on

27.3.1986. But he has added that as the injured was examined in the surgical out patient department which remains open between 9 a.m. and 12 noon, he has stated that he had examined that injured on that day at about 10.00 A.M. The doctor has also stated that the injuries found on the person of P. W. 3 could have been manufactured if he was prepared to take risk of pain.

18. P. W. 12 Dr. Pramod Kumar while posted at Kochas State Dispensary as a Medical Officer examined P. W. 5 Nathuna Ram on 25.3.1986 at 7.30 P.M. and found the following injuries on his person:- (i) Abrasion ¾” x ¼” on left fore Patna High Court CR. APP (DB) No.513 of 1988 dt.16-04-2012 13 finger. (ii) Bruise 1 ½” x ¾” on right arm. According to the doctor both the injuries were simple in nature and caused by some hard and blunt substance within 2 hours prior to examination. The injury report prepared by him in this behalf is Ext. 1/2.

19. P. W. 11 Dr. Naresh Prasad Rai held the post mortem examination on the dead body of Bachanu Ram who succumbed to his injury due to assault in the occurrence. Since Sohaga Ram who had been held guilty for the offence punishable under Section 302 IPC died during pendency of this appeal, as such the evidence of P. W. 11 is not required to be discussed.

20. P. W. 10 Saghir Ahmad has stated that in course of investigation he had gone to the place of occurrence which is adjacent to north of N.H. 30 situated at a distance of about 3/4 kilometre from crossing of that road running East to West and Sasaram- Buxar road running north to south. North of the road he found a hut said to belong to one Bharat Sah in which he used to run Sweet Shop. Inside that hut there was an oven in the middle and two yards north of that oven he had found blood fallen on the ground Patna High Court CR. APP (DB) No.513 of 1988 dt.16-04-2012 14 inside that hut. That hut was at a distance of 11 cubits north of the northern end of the pitch road. He had also found some pieces of bricks littered inside and outside the hut of Bharat Sah. At a distance of about 40 cubits west of that hut he had also found some Masuri crop spread over on an open piece of land. In between these crops and the hut of Bharat Sah he had found a wooden Gumati belonging to Parsidan Ram. In his cross-examination, he has stated that at about 9 p.m. on the same date (25.3.1986) when he Kochas Hospital course investigation he found the wife of Sohaga Ram admitted in the hospital. He recorded her Fard Beyan (Ext. A). The formal FIR drawn on the basis thereof is Ext. A/a. It appears that on such statement of wife of Sohaga Ram Kochas P. s. Case No. 16 of 1986 dated 25.3.1986 had been registered.

21. Learned counsel for the appellants has submitted that all the material witnesses are interested. No independent witness has been examined. Material witnesses are accused in the case lodged by Lacho Devi, wife of Sohaga Ram vide Kochas P. S. Case No. 16 of 1986 which was pending for trial. Patna High Court CR. APP (DB) No.513 of 1988 dt.16-04-2012 15

22. After hearing learned counsel for both the parties and on perusal of the material on record it appears that the occurrence has taken place on the eve of Holi festival a few hours before Holika Dahan. It also appears that material witnesses of the prosecution are the accused in the case lodged by the Lacho Devi, wife of Sohaga Ram which was registered as Kochas P. S. Case No. 16 of 1986 which was pending for trial. In that case it has been alleged that the witnesses of this case are accused. No doubt the prosecution witnesses are interested but on this ground alone their evidence cannot be discarded. From perusal of the counter case it also appears that the occurrence of assault has taken place between both the parties. The accused Ramjee Ram, Sohaga Ram and Dular Chand Ram have been found guilty. It appears from the evidence of P. W. 1, 2, 3, 5, 6, 7 and 9 that Ramjee Ram and Dular Chand Ram have assaulted the deceased, Sheopujan Ram (P.W. 6) and Nathuna Ram (P.W. 5). Both of them have received injuries and they have been examined by the doctor in the hospital. Ocular evidence stands corroborated by the medical evidence of P. W. 8 Dr. Ramdeo Rai and P. W. 12 Dr. Pramod Kumar. Patna High Court CR. APP (DB) No.513 of 1988 dt.16-04-2012 16

23. Considering circumstances, we find that the prosecution has been able to substantiate its charge against the appellants Ramjee Ram and Dular Chand Ram beyond reasonable doubt. We do not find any ground to interfere with the impugned judgment so far the conviction of these two appellants is concerned.

24. It is submitted that appellant no. 2 Ramjee Ram has remained in custody for two years and seven months and Dular Chand Ram has remained in custody for 5 months. It has further been submitted that the occurrence has taken place on 25.3.1986 and the appellants have been suffering from mental agonies for more than 26 years.

25. Considering circumstances stated above, we reduced the sentence of the appellants to the period already undergone in custody.

26. With the aforesaid modification in the sentence, this appeal is dismissed. (Shyam Kishore Sharma, J.) Patna High Court, Patna Dated the 16th of April, 2012 N.A.F.R/Kanchan (Amaresh Kumar Lal, J.)