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2015 Supreme(Pat) 150
IN THE HIGH COURT OF JUDICATURE AT PATNA
I. A. ANSARI and GOPAL PRASAD, JJ.
Sanichar Rajwar - Appellant
Versus
The State of Bihar - Respondent
Criminal Appeal (DB) No.107 of 1993
Decided On : 31-03-2015
Advocate Appeared:
For the Appellant :Mr. Pramod Kumar Singh, Advocate.
For the Respondent: Mr. Ajay Mishra, APP
The main legal point established is that permanent disfigurement of the victim's face constitutes grievous hurt under Section 326 of the Indian Penal Code.
Headnote:
Indian Penal Code - Assault - Sections 307, 326 - Summary
Fact of the Case:
The appellant was convicted under Sections 307 and 326 of the Indian Penal Code for assaulting the victim with a sharp-edged weapon, causing severe injuries to the victim's face.
Finding of the Court:
The court found that while the evidence did not support the charge under Section 307, it upheld the conviction under Section 326 due to the permanent disfigurement of the victim's face.
Issues: The main issue was whether the appellant's actions constituted an attempt to kill under Section 307 or caused grievous hurt under Section 326 of the Indian Penal Code.
Ratio Decidendi: The court determined that the evidence did not support the charge under Section 307 but upheld the conviction under Section 326 due to the permanent disfigurement of the victim's face, which constituted grievous hurt.
Final Decision: The court set aside the conviction under Section 307 and upheld the conviction under Section 326, sentencing the appellant to pay a fine of Rs.50,000/- and, in default of payment, suffer rigorous imprisonment for a period of two years.
I. A. ANSARI, J.
By the judgment and order of conviction, dated 19.01.1993, passed, in Sessions Trial No. 51 of 1985/19 of 1990, by learned 2nd Additional Sessions Judge, Aurangabad, the appellant, Sanichar Rajwar, stands convicted under Sections 307 and 326 of the Indian Penal Code. In consequence of his conviction, under Section 307 of the Indian Penal Code, while the appellant stands, under the order, dated 20.01.1993, sentenced to suffer imprisonment for life, he stands sentenced to suffer, for his conviction, under Section 326 of the Indian Penal Code, rigorous imprisonment for five years and pay a fine of Rs.2,000/- and, in default thereof, undergo rigorous imprisonment for six months. The sentences have been directed to run concurrently.
2. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:
(i) Accused Sanichar Rajwar and Babulal Rajwar were co-villagers, both being residents of village Tilakpura. Apart from the fact that there was a dispute between Babu Lal Rajwar, on the one hand, and accused Sanichar Rajwar, on the other, Babu Lal Rajwar did not, ordinarily, participate in the activities of his co-villagers.
(ii) On 11.04.1983, at about 8 O’clock in the evening, when Babu Lal Rajwar (PW 6) and his wife, Dewanti Devi (PW 7), were present in the room of their house, they heard some persons banging the door of their house. Babu Lal opened the door of the house and as soon as he kept his first foot outside the room, he (Babu Lal Rajwar) and his wife, Dewanti Devi, saw accused Sanichar Rajwar, Karu Rajwar, Naga Rajwar, Chandar Rajwar and Nunu Rajwar present in the courtyard of their house and while accused Sanichar Rajwar was holding a garasa (a sharp-edged weapon) in his hand, the remaining accused persons were armed with lathis. Accused Sanichar Rajwar gave a blow by means of his garasa on the neck of Babu Lal Rajwar, but as Babu Lal Rajwar turned his face, the blow so given by garasa, fell on the nose of Babu Lal Rajwar. The blow, dealt with by accused Sanichar Rajwar, was so severe that it disfigured Babu Lal Rajwar’s face. On seeing the assault on her husband, Babu Lal Rajwar, his wife, Dewanti Devi (PW 7), pulled her husband inside the room and closed the door immediately. Attracted by the hulla, which was raised by Dewanti Devi, Jaglal Rajwar (PW 4), brother of Babu Lal, opened the door of his house and saw the accused aforementioned scaling the wall of Babu Lal Rajwar’s house and running away. Jaglal Rajwar (PW 4) went running to his brother’s house and, on being asked by him to open the door, his sister-in-law, Dewanti Devi (PW 7), opened the door of her house and when Jaglal Rajwar (PW 4) went inside the room, he found his brother, Babu Lal Rajwar, lying injured inside the room and when PW 4 raised hulla, other witnesses came. In injured condition, Babu Lal Rajwar was carried to Block Medical Dispensary, Haspura, where he was medically examined and treated.
(iii) Babu Lal Rajwar’s wife, Dewanti Devi, went to Haspura Police Station, where she lodged an information, in writing, about the occurrence. Treating the said information as the First Information Report, Haspura Police Station Case No.23 of 1983, under Section 147/148/448/326 of the Indian Penal Code, was registered, on 11.04.1983, against accused Sanichar Rajwar, Chandar Rajwar, Karu Rajwar, Nuna Rajwar and Raja Rajwar and, on completion of investigation, charge sheet was laid, under Sections 147/148/448/326/307 of the Indian Penal Code, against accused Sanichar Rajwar, Chandar Rajwar, Karu Rajwar, Nuna Rajwar and Raja Rajwar.
3. At the trial, charges, under Sections 147, 148 and 307 read with Section 34 of the Indian Penal Code, were framed, against the accused persons. A substantive charge was also framed against accused Sanichar Rajwar under Section 326 of the Indian Penal Code. The accused persons pleaded not guilty to their respective charges.
4. In support of their case, prosecution
