The High Court
Case Details
Cr. Revision No.495 of 2007 - 1 - IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.495 of 2007 With I.A. No.1966 of 2007 ---------- Lalan Kahar … Petitioner -Versus- The State of Jharkhand … Opp. Party ---------- CORAM:
Legal Reasoning
HON’BLE MR. JUSTICE AMBUJ NATH ---------- For the Petitioner For the State : Mr. Abdul Kalam Rashidi, Advocate : Mr. Suraj Deo Munda, A.P.P --------- 10/Dated :17.03.2023 Heard the parties. The petitioner Lalan Kahar has filed this application against the order dated 15.05.2007 passed by Sri Ram Babu Gupta, learned Additional Sessions Judge, F.T.C.-I, Bermo at Tenughat, Bokaro in Cr. Appeal No.27 of 1987, whereby and wherein, the learned Additional Sessions Judge, F.T.C.-I, Bermo at Tenughat dismissed the appeal of the petitioner, filed against the judgment of conviction and order of sentence dated 31.03.1987 passed by Sri Krishna Nand Pandey, the then learned Assistant Sessions Judge, Bermo at Tenughat in Sessions Case No.173 of 1983, corresponding to Bokaro P.S. Case No.16 of 1983, holding the petitioner guilty of offences under Section 307 of the Indian Penal Code and thereby, sentencing him to undergo R.I for seven years. The prosecution case was instituted on the basis of Fardbeyan of the informant namely Anandi Tanti, alleging therein that on the intervening night of 07/08.02.1983 at about 8:00 P.M., when he was sleeping in his house, he heard sound, on which, he came out from his house and saw that his neighbor Haridwar Singh had caught hold of Lalan Kahar and in order to rescue himself, the petitioner Lalan Kahar stabbed Haridwar Singh, due to which, he sustained injuries in his stomach. The police, after investigation, found the occurrence to be true and submitted charge-sheet against the petitioner under Section 307 of the Indian Penal Code. Both oral and documentary evidence has been adduced by the prosecution. On the basis of the evidence available on record, learned Trial Court held him guilty and sentenced him Cr. Revision No.495 of 2007 - 2 - accordingly. The appeal of the petitioner was dismissed by the learned Appellate Court as the learned Appellate Court did not find any merit in his appeal. It is apparent that both the learned Trial Court and the learned Appellate Court have come to a concurrent finding regarding the guilt of the petitioner. From the perusal of the evidence available on record, it appears that Chhoti Ravi Das, P.W.2, Subhashi Devi P.W.3, Anandi Tanti P.W.4 (informant of the case), Jai Pal Munda P.W.5 and Jamuna Prasad P.W.6, have been declared hostile. Ajay Kumar, P.W.8 is a formal witness who has proved the formal FIR which is Exhibit-2. Ramashish Ojha P.W.9 is another formal witness who has proved the pagination made by the Officer In-charge on the Fardbeyan, which was marked as Exhibit-3. The injured Haridwar Singh, P.W.7 has supported the prosecution case and stated that on 07.02.1983, somebody knocked his door, on which, he came out from his house and saw the petitioner who was standing there. On seeing him, the petitioner inflicted him a knife blow on his stomach. He had stated that petitioner had stabbed him with an intention to commit his murder. The injured Haridwar Singh P.W.7 has been cross-examined at length. There is nothing in the cross-examination to doubt his veracity. Dr. Tripit Prasad Singh, P.W.1 has examined the injured Haridwar Singh (P.W.7) and he has found a stab wound over the left abdomen in left iliac fossa region of abdomen 1” x ½” deep abdominal cavity with momentum exposed. The Injury report is marked as Exhibit-1. From perusal of which, it appears that oral testimony of Dr. Tripit Prasad Singh regarding the injury sustained by the victim Haridwar Singh is corroborated by his findings in the medical report. From the aforesaid facts, the contention of Haridwar Singh that the petitioner has stabbed him, is corroborated by the medical evidence and as such, I am of the opinion that the prosecution has been able to prove the fact that the petitioner had stabbed Haridwar Singh P.W.7 causing him injury. Mr. Abdul Kalam Rashidi, learned counsel for the petitioner has Cr. Revision No.495 of 2007 - 3 - submitted that the petitioner had given only one blow to the injured Haridwar Singh. It is not the case that repeated blow was inflicted on the injured person. This will go to show that there was no intention to commit the murder of Haridwar Singh, P.W.7. Mr. Suraj Deo Munda, learned A.P.P has submitted that the injured Haridwar Singh had sustained injury on the vital part of the body. Considering the fact that no repeated blow was inflicted by the petitioner on the injured Haridwar Singh, his intention to commit murder of Haridwar Singh by stabbing him is not substantiated. However, the injured has sustained grievous injury on his stomach due to stabbing by the petitioner. In view of the aforesaid facts and circumstances, I am of the view that the offence under Section 326 of the Indian Penal Code will be made out against the petitioner. Accordingly, the judgment of conviction and order of sentence passed by the learned Trial Court, holding the petitioner guilty under Section 307 of the Indian Penal Code is hereby, set aside. The petitioner is held guilty for the offence under Section 326 of the Indian Penal Code. The occurrence is of the year 1983 and the petitioner has faced the rigors of trial for about 40 years. Presently, the petitioner is aged about 68 years as it appears from the age assessed by the learned Court below, while recording his statement under Section 313 of the Cr.P.C. Accordingly, in the interest of justice, the petitioner is sentenced to undergo R.I. for two years for the offence under Section 326 of the Indian Penal Code along-with a fine of Rs.10,000/- and in default of payment of fine, the petitioner shall further undergo simple imprisonment for two months. The period already undergone by the petitioner in custody during the trial and during the pendency of this revision shall be set off. This application is partly allowed.
Decision
Pending I.A, if any, also stands disposed of. BS/- (Ambuj Nath, J.)