Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No. 248 of 2002 Against the judgment and order dated 06.05.2002 passed in S.Tr. No. 169/1990 by the Additional Sessions Judge, F.T.C.-I, Buxar. ======================================================== 1. Ramashraya Yadav, S/o Navrang Yadav. 2. Rajaram Singh, S/o Late Ramdeni Singh. 3. Deoraj Singh, S/p Late Ramdeni Singh. 4. Jalim Singh, S/o Navranj Singh. 5. Ramji Singh, S/o Rajaram Singh @ Rajaram Singh. 6. Nandji Singh, S/o Rajaram Yadav @ Rajaram Singh. All are resident of Village-Sewai Tola, P.S. Nawanagar, District-Buxar. Versus .... .... Appellant/s The State of Bihar .... .... Respondent/s with Criminal Appeal (SJ) No. 296 of 2002 ======================================================== Naw Rang Singh, Son of Late Ram Deni Singh Resident of Village- Sawai Tola Police Station- Nawanagar, District-Buxar. Versus .... .... Appellant/s The State of Bihar. .... .... Respondent/s ======================================================== Appearance : (In CR. APP (SJ) No. 248 of 2002) For the Appellant/s : Mr. Kanhaiya Singh, Sr. Adv. Mr. Om Prakash Upadhyay, Adv. For the Respondent/s : Mr. C. Jawahar, APP. (In CR. APP (SJ) No. 296 of 2002) For the Appellant/s : Mr. Kanhaiya Pd. Singh, Adv.
Legal Reasoning
Mr. Om Prakash Upadhyay, Adv. For the Respondent/s : Mr. C. Jawahar, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 26-11-2013 Anjana Prakash, J. 1. All the Appellants have been convicted under Section 304(ii)/149 IPC whereas Appellant, Nawrang Singh has further been convicted under Section 326 IPC. All of them have been sentenced to RI for ten Patna High Court CR. APP (SJ) No.248 of 2002 dt.26-11-2013 2 years under Section 304(ii)/149 IPC and five years under Section 326 IPC by the Additional Sessions Judge, F.T.C.-I, Buxar in S.Tr. No. 169 of 1990 by judgment and order dated 06.05.2002. 2. The case of the Informant, Hiralal Singh is that on 27.10.1989 at about 12 noon while the deceased, Nand Kumar Singh was working in the fields the family members of accused, Rajaram Yadav started to cut the paddy crops. Seeing this, the deceased went there and protested but the accused persons stated that they would continue to cut the paddy crops even while talks of panchayties were in progress. The altercation then escalated to a point where the Appellants came to the fields variously armed and on instigation of Rajaram Yadav, Deoraj Yadav, Jalim Yadav and Nandjee Yadav assaulted the deceased on his head with blunt portion of the “Kudal” whereas Appellant Ramjee Yadav also assaulted the deceased with the blunt portion of the “Kudal”. Appellant, Naw Rang Singh further gave bhala blow on the cheek of the informant the accused seeing the occurrence a number of witnesses came there and saved the family members of the informant. The deceased, Nand Kumar Singh died due to earlier assault after about three days of the occurrence. The Appellants were charged under Section 302 IPC but sentenced as Patna High Court CR. APP (SJ) No.248 of 2002 dt.26-11-2013 3 mentioned above. 3. During trial the prosecution examined nine witnesses out of whom P.W. 7, Ramashish Singh was tendered whereas P.W. 9, Bijai Narain Rai a formal witness, P.W. 1, Lalmuni Singh, P.W. 2, Bharat Singh, P.W. 3, Kunti Kumari, P.W. 4, Hiralal Singh deposed as eye witness whereas P.W. 5, Balmiki Prasad is the Investigating Officer, P.W. 6, Dr. Dadan Pd. Singh had examined the two injured whereas P.W. 8, Dr. Lalan Chaudhary conducted the post-mortem of the deceased. 4. P.W. 1, Lalmuni Singh stated that on the date of occurrence while he was sowing potatoes in his fields he saw the informant also doing the same in their fields. All the sub-plots of the land are part of the same plot. At this very time the accused persons variously armed came there and on the orders of Rajaram Yadav, Deoraj Yadav and Jalim Yadav came and gave Kudal blow to Nand Kumar Singh and thereafater Nandjee and Ramjee Yadav also gave Kudal blow on the head of Nand Kumar Singh. 5. P.W. 2, Bharat Singh has also supported the case of the prosecution as an eye-witness. 6. P.W. 3, Kunti Kumari stated that when her father was working in the fields she had taken water for him and it was then the Appellants, Deoraj Yadav, Jalim Patna High Court CR. APP (SJ) No.248 of 2002 dt.26-11-2013 4 Yadav, Nandjee Yadav and Ramjee Yadav assaulted her father with the blunt portion of the Kudal whereas Nawrang Singh gave bhala blow on him. 7. P.W. 5, Balmiki Prasad, the Investigating Officer stated that he saw some objective witness at the place of occurrence but was not in a position to collect the same. 8. P.W. 6, Dr. Dadan Pd. Singh examined the deceased, Nand Kumar Singh on 27.10.1989 and found him unconscious with an abrasion and depression on the head as also a bruise with swelling on the left arm. On the same day he examined the informant, Hiralal Yadav and found one sharp cut penetrating in nature on the left side of mandibular region of the face. The bone depth 1/2 “ x1/4” was cut. The said injury was caused by pointed and sharp weapon. 9. P.W. 8 is the Doctor who conducted the post-mortem of the dead boy of Nand Kumar Singh on 29.10.1989 found a bruise on the left parietal region of scull and swelling over left side of face. He also found an abrasion on the left arm. All the injuries were caused by hard and blunt substance i.e. blunt portion of the spade and it was on account of the depression and commuted fracture on the left parietal bone under which haemorrhage was found has caused the death of the Patna High Court CR. APP (SJ) No.248 of 2002 dt.26-11-2013 5 deceased. 10. The defence did not adduce any evidence on its behalf but brought on record several documents to show that there was a counter-version of the occurrence which has been consistently denied by the prosecution. 11. On going through the evidence of P.W. 1 to P.W. 4 and P.W. 6 and P.W. 8, in my opinion the prosecution has succeeded in proving its case beyond all reasonable doubt. 12. This Court is informed that Rajaram Singh who was aged about 90 years even on the date of judgment has passed away. Hence, the appeal is dismissed as having become infructuous against Rajaram Singh. 13. As for Nawrang Singh, Jalim Singh, Ramji Singh and Nandji Singh, considering that 24 years had been elapsed of the occurrence and both the parties appear to be agnates as also that the conviction is one under Section 304 (ii) IPC this Court would be of the view that in order to prevent further escalation of dispute between them it would be desirable that the sentence of Appellants No. 3, 4, 5 and 6 i.e. Deoraj Singh, Jalim Singh, Ramji Singh and Nandji Singh of Cr. Appeal (SJ) No. 248 of 2002 and Appellant, Naw Rang Singh of Cr. Appeal (SJ) No. 296 of 2002 is, hereby, reduced to the Patna High Court CR. APP (SJ) No.248 of 2002 dt.26-11-2013 6 period already undergone by them. Appellants of Cr. Appeal (SJ) No. 248 of 2002 namely Deoraj Singh, Jalim Singh, Ramji Singh and Nandji Singh are further directed to deposit a sum of Rs. 1 Lakh in the Court below within eight weeks from the date of receipt of this order. In Case, the Appellants fail to do so they shall be sentenced to undergo RI for another two years. 14. As for Appellant, Naw Rang Singh of Cr. Appeal (SJ) No. 296 of 2002 he shall deposit Rs. 5,000/- for disbursement to the informant/his heirs in the Court below within eight weeks from the date of receipt of this order. 15. As and when the fine is deposited the Trial Court shall notice the heirs of the deceased/informant and disburse the amount immediately to him/them on production of proper identity papers. 16. As for the Appellant No. 1, Ramashraya Yadav of Cr. Appeal (SJ) No. 248 of 2002 against whom there is an allegation of assault upon Hiralal Singh with a Kudal but no such injury was found on his person by
Decision
P.W. 6 the Doctor, the Appeal is allowed and the order of conviction and sentence passed against him on 06.05.2002 by the Additional Court-I, F.T.C. Buxar in S.Tr. No. 169/1990 is set aside so far as it relates to him Patna High Court CR. APP (SJ) No.248 of 2002 dt.26-11-2013 7 and he is discharged of liability of his bail bond. 17. With the aforesaid modifications in sentence, Cr. Appeal (SJ) No. 248 of 2002 is partly allowed and Cr. Appeal (SJ) No. 296 of 2002 is dismissed. Patna High Court, Patna Dated, the 26th November, 2013 NAFR/Vikash/- (Anjana Prakash, J.)