Shiv Govind And Others v. State on 26 Sep 2025

Judgment

1. The present Criminal Appeal under Section 374 Code of Criminal Procedure, 1973 (hereinafter referred as “Cr.P.C.”) has been filed against the judgment and order dated 14.2.1985 passed by Special/Additional Sessions Judge, Jaunpur, in Session Trial No. 122 of 1983, whereby the

trial court convicted the appellants and sentenced the appellant nos. 2 and 3 under Sections 323 read with Section 34 of I.P.C. to undergo one year rigorous imprisonment. Appellant no.1 be released on probation after furnishing personal bond of Rs. 2500/- and two sureties each in the like amount to keep peace and be of good behaviour for a period of one year otherwise he will attend the court when called upon to serve out the sentence. Learned Trial Court acquitted the appellants under Section 153- A, 307 of I.P.C. read with Section 34 of I.P.C.

2. Brief facts of the case, as per first informant report, are that on the eventful day at about 6:45 pm six cattle, which belonged to accused persons were grazing in the maize field of first informant Deo Dutt and damaging the crop. The first informant and his cousin Ram Deo got annoyed and with a view to confine the cattle, they started driving the cattle and at the same time accused appellants namely Shiv Govind, Triyugi Narayan and Krishna Prasad assaulted them with lathi and inflicted injuries on them. Ram Deo (PW-2) sustained serious injuries 2 and as result of which he became unconscious and fell down. The incident was witnessed by Ram Prasad (PW-3), Sita Ram and Ram Chander on whose intervention assailants went away with their cattle. Thereafter first informant arranged a rickshaw and took away his cousin Ram Deo to police station Badshahpur where he lodged written report (Ex. Ka-1) which was prepared in the village by the scribe Ram Chander Pandey. The then Head Constable Singhasan Singh prepared chik report (Ex. Ka-4) and registered the case at 9:40 pm vide G.D. Report No. 25 and extract of which is as Ex. Ka-5. 2(i) After lodging of the F.I.R., investigation has been started and during the investigation, investigating officer collected the medical reports of two injured persons namely Deo Dutt and Ram Deo who have been examined by Dr. S.K. Singh (PW-4) in the P.H.C. Badshahpur. Medical examination of injured Ram Deo was conducted at about 10:05 hours who received injuries on his person which are as under:-: (i) Incised wound 3 cm x 1 cm x scalp deep on right frontal region, 6 cm from right eyebrow, longitudinal direction. Advised X-ray. (ii) Contusion 2 cm x ½ cm, on face of left ring finger longitudinal direction, I,II, digi.Advised X-ray (iii) Contusion on external surface left over 4 cm x 2 cm in size 7 cm above from elbow joint. Longitudinal direction. Reddish in colour. (iv) Contusion on left scapula 13 cm x 2 cm in size, 6 cm medical from a chromium process. (v) Contusion on left back 30 cm x 2 cm in size longitudinal direction extending from a chromium process to lower clavicle. (vi) Contusion on left back 4 cm x 2 cm in size 14 cm laternal from mid line. (vii) Contusion 6 cm x 2 cm on left lumber region, 4 cm above face left illiae crest. (viii) Contusion 4 cm x 2 cm on right shoulder region 2 cm from a chromium process. 3 2(ii) Injured Deo Dutt sustained following injuries on his person:- (i) Lacerated wound on right parietal region of head 4 cm x 1/3 cm scap deep 9 cm above from right eyebrow. Longitudinal in direction. (ii) Contusion on back 4 cm x 2 cm. (iii) Contusion on left forearm 3 cm x 1 cm on outer surface, 7 cm below elbow joint. (iv) Complaint of pain on left shoulder region. 2(iii) From the side of appellants, appellant no. 1 Shiv Govind got himself medically examined by doctor S.K. Singh at 9:30 p.m. who have received following injuries on his person:- (i) Lacerated wound 1 cm x ¾ cm x 8 cm deep on base of right thumb finger, 6 cm below wrist joint. (ii) Contusion on left forearm, 2 cm x 2 cm on plane surface 11 cm below elbow joint. (iii) Complaint of pain on left clavicle region. 2(iv) From the side of appellants, accused Triyugi Narayan and Krishna Prasad have also been medically examined by the doctor of their relations namely Dr. J.K. Singh at 3:00 pm and 3:30 pm on 22.8.1981. Injuries sustained by appellant no. 2 Triyugi Narayan are as follows:- (i) Contusion 3 cm x 2 cm on left elbow joint (bluish). (ii) Contusion 4 cm x 2 cm on left wrist joint with traumatic swelling bluish. iii) Abrasion 1 cm x ¼ cm on medical aspect of middle of right leg cry scab black. (iv) Abrasion ½ cm x ½ cm on medial of right elbow joint. Dry scab. (v) Contusion 5 cm x 2 cm on middle and medial aspect of right lower leg above injury no. 3. 2(v). Injuries sustained by appellant no. 3 Krishna Prasad are as follows:- (i) Contusion measuring 5 cm x 2 cm on left shoulder joint. 4 (ii) Incised wound measuring 2.5 cm x ½ cm x 1 cm on foot of upper part of right arm 3.5 cm below right shoulder joint. (iii) Contusion 3 cm x 2 cm on left knee joint. (iv) Contusion 3 cm x 2 cm on face and below left eye. Kept under observation and advised X-ray. 2(vi). After completing the investigation charge sheet has been submitted against the appellants. 2(vii) Cross case of this incident was investigated by S.O. Nand Lal Yadav (PW-4) who submitted charge sheet against the informant Deo Dutt, his cousin Ram Deo, Ram Prasad, Seeta Ram and Ram Chander.

3. After committal of the case, trial court framed charges against the appellants under the aforementioned Sections. The appellants denied the charges as framed and they demanded trial.

4. The prosecution examined as many as 6 witnesses namely; PW-1 Deo Dutt (informant), PW-2, Ram Deo (injured), PW-3, Ram Prasad (who witnessed the incident), PW-4 Dr. S.K. Singh (who examined injured persons), PW-5 S.O. Nand Lal Yadav (investigating officer) and PW-6 H.C. Rajbansh Tiwari, to prove the charges against the appellants.

5. Learned counsel for the appellant no. 3 does not want to argue the appeal on the point of conviction, and argued that the trial court without any reason benefit of first offender has not been given to the appellant no. 3 as awarded to the other appellant No. 1.

6. Learned A.G.A. supported the judgment and order of the trial court. However, no argumens has been made with regard to the fact that appellant no. 3 is prviously convicted in other case.

7. Heard Sri Suresh Chandra Mishra, learned counsel for the appellant no. 3 and Sri Karunakar Singh, learned A.G.A. for the State and perused the material available on record. 5

8. As per office report, appellant no. 1 Shiv Govind, appellant no. 2 Triyugi Narayan have died during the pendency of appeal, therefore, present criminal appeal is dismissed as abated for appellant no. 1 and 2.

9. After having gone through the entire material on record and keeping in mind the fact, the learned counsel for the appellant no. 3 not argued on the point of conviction and the trial court convicted the appellant no. 1 for the same offence and extended the benefit of first offender to him.

10. In view of the facts and circumstances of the case, the judgment and order dated 14.2.1985 is modified to the extent of granting benefit of first offender to the appellant no. 3 for the period of probation of six months and the appellant no. 3 be released on probation after furnishing personal bond of Rs. 2000/- and two sureties each in the like amount and the appellant no. 3 shall appear before the District Probation Officer within four weeks from today for submitting bonds as directed otherwise he will attend the trial court when called upon to serve out the sentence.

11. The District Probation Officer to complete the probation of the appellant within three hearings and fix the date after two months of first hearing.

12. The appeal is accordingly partly allowed.

13. The original record is returned to the court concerned immediately for compliance. September 26, 2025 A.P. Pandey/Ishan (Sanjay Kumar Pachori,J.) ISHAN JAISWAL High Court of Judicature at Allahabad