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2001 Supreme(Pat) 921
PATNA HIGH COURT
B.N.P.Singh, J.
Jaddu Sahani
Versus
State Of Bihar
Criminal Appeal No. 270 of 1990 ;
Decided On : SEPTEMBER 27, 2001
The central legal point established in the judgment is the importance of considering medical findings and discrepancies in witness testimony in determining the applicability of charges under the Indian Penal Code.
Headnote:
Indian Penal Code - Offences - Secs. 323, 447, 304 - The judgment discusses the charges against the appellants under Secs. 323, 447, and 304 of the Indian Penal Code. It highlights the evidence presented, discrepancies in witness testimony, and the medical findings that influenced the court's decision.
Fact of the Case:
The appellants were charged with offences under Secs. 323, 447, and 304 of the Indian Penal Code for assaulting a man and causing the death of a minor girl. The trial court acquitted one of the accused and acquitted another of the charge under Sec. 304, while finding the remaining appellant guilty and sentencing him. The prosecution's case was based on witness testimony and medical evidence.
Finding of the Court:
The court found discrepancies in the witness testimony and emphasized the medical findings that indicated the minor girl's death was due to pre-existing diseases, not solely the result of the assault. As a result, the court acquitted the appellant of the charge under Sec. 304 and modified the sentences for the other convictions.
Issues: The issues revolved around the credibility of witness testimony, the cause of the minor girl's death, and the applicability of the charges under Secs. 323, 447, and 304 of the Indian Penal Code.
Ratio Decidendi: The court's decision was influenced by the discrepancies in witness testimony and the medical findings that indicated the minor girl's death was due to pre-existing diseases. This led to the acquittal of the appellant on the charge under Sec. 304 and the modification of sentences for the other convictions.
Final Decision: The appeal was allowed in part, leading to the appellant's discharge from the liability of bail bonds and the modification of sentences for the other convictions.
B.N.P.Singh, J.
1. Appellants along with one Kumari were charged for the offence under Secs. 323, 447 and 304 of the Indian Penal Code (IPC). However, trial Court on appreciation of evidences placed on record, while acquitted Kumari of all the charges, acquitted Shankar Sahni and Reshmi of the charges under Sec. 304. IPC. The trial Court found Jaddu Sahni guilty under Secs. 304, 323 and 447. IPC for which he was sentenced to suffer Rigorous Imprisonment for four years under Sec. 304, IPC. As for conviction under Sec. 323, IPC, he was sentenced to suffer imprisonment for 15 days and for his conviction under Sec. 447. IPC, no sentence was imposed on him. Along with Jaddu Sahni. Shankar Sahni and Reshmi also suffered conviction under Secs. 323 and 447, IPC. However, trial Court instead of sentencing Shankar Sahni and Reshmi to any substantive Imprisonment, released them on admonition under Sec. 3 of the Probation of Offenders Act. In case of Jaddu Sahni, both the sentences were directed to run concurrently.
2. Shorn of details, prosecution case was that at about 10 a.m. on 26th July. 1988, while Bujhawan Baitha (PW 6) was sleeping with Sheela a minor girl aged about 2-1/2 years, on a machan, appellants came along with Kumari and did assault him suspecting him to be a witchcraft. It was alleged that while wife of Jaddu Sahni caught hold of him. Kumari dealt blows with wooden substance. Accusations attributed to Jaddu Sahni was that he pulled down him holding his legs from the machan, pursuant to which both Shankar Sahni and Jaddu Sahni assaulted him with fists and slaps and in that process Sheela got pressed. Alarm raised by him attracted villagers and while Sheela was being taken for medical aid. She breathed her last and on strength of statement of Bujhawan Baitha. First Information Report was drawn up at Sahiyara Police Station, pursuant to which investigation commenced. In the process of collection of evidences Police visited place of occurrence, prepared inquest report over the dead-body of Sheela in presence of Ram Prasad Baitha and Sitaram Baitha, sent the dead-body for post-mortem examination and on receipt of post mortem report and on conclusion of investigation laid charge sheet before the court and applicants along with Kumari on their committal to the Court of Session were put on trial a the trial Court on consideration of evidence placed on record while acquitted Kumari of all the charges, rendered verdict of guilt against the appellants and sentenced them in the manner stated above, which is being assailed in this appeal.
3. For making meticulous appreciation of the findings recorded by the trial Court, it is apt to delve upon the testimony of witnesses rendered by them at trial, and one would find Bujhawan Baitha (PW 6) reiterating his early version with some variations which he rendered before the Police to set it in motion, about the appellants and Kumari assaulting him when Sheela got pressed and before any medical aid could be made available to her, she succumbed to the pressure sustained by her. Ram Prasad Baitha (PW 1) stated to have learnt about the incident from Makodhan Devi (PW 2) and the latter too stated to have noticed her father-in-law lying injured in the house who was pulled down and assaulted by the appellants and one Kumari, Narrations in similar terms about the incident were rendered by Sitaram (PW 3) also. Since Panwa Devi (PW 4) and Mahendra Ram (PW 5) were tendered by the prosecution, there was nothing material in their evidences to merit consideration. Dr. Satish Chandra Sinha (PW 8) stated to have clinically examined Bujhawan Baitha and noticed bruises 1" x 1" on left eye brow caused by hard and blunt substance. The injury in estimation of the doctor was simple in nature and was also superficial. Dr. Luxman Jha (PW 7) stated to have held autopsy over the dead-body of Sheela, a minor girl aged about 2-1/2 years. Positive finding of the doctor was that there was no evidence of any exter
