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2017 Supreme(Pat) 977
IN THE HIGH COURT OF JUDICATURE AT PATNA
KISHORE KUMAR MANDAL, SANJAY KUMAR, JJ.
Sunil Giri, son of Dharmnath Giri - Appellant
Versus
The State of Bihar - Respondent
Criminal Appeal (DB) No. 9, 60 of 2013
Decided On : 24-03-2017
For the Appellant : Mr. R.B. Bharat.
For the Respondent: Mr. Satya Narayan Prasad, APP
The main legal point established in the judgment is the consideration of consistent and reliable witness testimonies, medical reports, and the immediate cause of the occurrence to determine the guilt of the appellants.
Headnote:
Appeal - Criminal Law - Indian Penal Code - Sections 302, 307/34, 341 - The court discussed the evidence and found the appellants guilty under different sections of the Indian Penal Code. The conviction of appellant Dharmnath Giri under Section 307/34 IPC was altered to Section 323 IPC, and the conviction of appellant Sunil Giri under Section 307/34 IPC was sustained.
Fact of the Case:
The appellants were charged under Sections 302/34, 307/34, and 341 IPC for causing the death of the deceased and injuring others during a land dispute. The prosecution presented evidence from witnesses and medical reports to prove the charges. The defense did not adduce any evidence.
Finding of the Court:
The court found the testimonies of the eye witnesses consistent, cogent, and reliable, leading to the conviction of the appellants. The court also considered the post mortem report and injury reports to establish the cause of death and the nature of injuries sustained.
Issues: The issues revolved around the place and manner of occurrence, complicity of the appellants, contradictions in the evidence, and the immediate cause of action for the crime.
Ratio Decidendi: The court considered the consistency of the witness testimonies, the nature of injuries, and the immediate cause of the occurrence to reach its decision. It also analyzed the intention of the appellants based on the evidence presented.
Final Decision: The appeal of appellant Sunil Giri was dismissed, and the appeal of appellant Dharmnath Giri was allowed in part, altering his conviction under Section 307/34 IPC to Section 323 IPC.
KISHORE KUMAR MANDAL, J.
1. Both the appeals arise out of S.T. No. 218 of 2010/23 of 2012, thus, they have been listed and heard together.
2. Appellant Dharmnath Giri (Cr. Appeal (DB) No. 9 of 2013) is the father of the appellant Sunil Giri (Cr. Appeal (DB) No. 60 of 2013). Both of them were charged under Sections 302/34, 307/34 and 341 IPC. The learned Adhoc Addl. Sessions Judge-II, Gopalganj held appellant Dharmnath Giri guilty under Section 307/34 IPC and 341 IPC whereas appellant Sunil Giri was held guilty under Sections 302, 307/34 and 341 IPC. For the proved charges, appellant Dharmnath Giri was sentenced to undergo R.I. for 05 years with fine having default clause. He was also sentenced to undergo S.I. for one month under section 341 IPC. Appellant Sunil Giri was sentenced to undergo R.I. for life with fine having default clause under Section 302 IPC, R.I. for 05 years with fine having default clause under Section 307/34 IPC and R.I. for 02 months under Section 341 IPC. The sentences so imposed on them were directed to run concurrently.
3. The prosecution case, as unfolded in the fardbeyan of Harkesh Giri (P.W.-3) recorded on 21.12.2009 at 11.30 a.m. at the Sadar Hospital, Gopalganj, in brief, is that on the morning of 21.12.2009 at about 8 a.m., owing to land dispute, appellant Sunil Giri and his father appellant Dharmnath Giri came at the darwaja of the deceased Banka Giri and without any rhyme and reason started abusing. Suddenly, appellant Sunil Giri who had carried knife with him, inflicted a knife blow in the abdomen of the father of the appellant. On receiving knife injury, he fell down. The informant came to his rescue whereafter appellant Sunil Giri also inflicted knife blow on him in his abdomen. Thereafter when the granddaughter of the deceased namely Bindu Kumari (P.W.-1) came to rescue them, it is alleged that appellant Dharmnath Giri assaulted her on head with lathi. On hulla, the villagers arrived and the injureds were carried to hospital in course whereof the deceased succumbed to the injury. The fardbeyan was recorded by Sri Chandra, S.I. which was forwarded to the Vishambherpur Police Station and formal F.I.R. i.e. Vishambherpur P.S. Case No. 59 of 2009 (Ext.-5) was drawn which ignited investigation. The I.O. (P.W.-8) visited the hospital and prepared the death inquest report (Ext.-6) which was signed by P.W.-4 Anil Kumar Giri and one Manoj Giri at 11.45 hrs on 21.12.2009. The dead body was dispatched for post mortem examination. P.W.-8 thereafter recorded the statement of witnesses including the injureds either on the same day or on the following day, inspected the place of occurrence i.e. the soling road in front of the darwaja and on receipt of the post-mortem report (Ext.-6) and the injury reports of P.W.-3 (informant) and P.W.-1 (Bindu Kumari) (Exts. 7 and 7/1) and finding the accusations true, filed the charge sheet against the appellants where on cognizance was taken on 5.4.2010 and the case was later committed to the Court of Sessions on 09.04.2010. After commitment, the learned Sessions Judge framed charges under sections 341, 307 and 302/34 of the Indian Penal Code which was read over and explained to the appellants to which they abjured the guilt and claimed to be tried. The case thereafter came on the file of the learned Trial Judge for disposal.
4. In order to prove the charges beyond reasonable doubt, the prosecution examined as many as 09 witnesses out of whom P.W.-1, 2, 3, 4, 5 and 7 claimed to have witnessed the occurrence. The learned Trial Court has also found them eye witnesses to the occurrence. P.W.-6 Dr. Sunil Kumar Ram held autopsy on the cadaver of the deceased on 21.12.2009 at 1.30 p.m. and proved the post mortem report (Ext.3). P.W.-8 is the Investigating officer of the case who is also the S.H.O. of Vishambherpur Police Station. P.W.-9 Dr. Jamshed Ahmed examined the injury sustained in course of the occurrence by P.W.-1 Bindu Kumari and the informant (P.W.-3) and submi
