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2018 Supreme(Pat) 400
IN THE HIGH COURT OF JUDICATURE AT PATNA
ADITYA KUMAR TRIVEDI, J.
Jabbar Mian, son of Late Hadish Mian & Ors. – Appellants
Versus
The State of Bihar – Respondent
Criminal Appeal (SJ) No.454 of 2015
Decided On : 17-04-2018
For the Appellants : Mr. Baban Roy-Amicus Curiae
For the Respondent: Mr. Bipin Kumar-A.P.P.
The judgment underscores the importance of clear and consistent witness testimonies, the need to explain grievous injuries, and the obligation to cross-examine witnesses on relevant aspects to challenge their testimony.
Headnote:
Section 307/149 - I.P.C. - 326/149 - I.P.C. - 324/149 - I.P.C. - 148 - I.P.C. - 341 - I.P.C.
Fact of the Case:
Appellants found guilty for various offences including assault and possession of arms. Land dispute led to a violent confrontation resulting in injuries to multiple individuals.
Finding of the Court:
The court found inconsistencies in the prosecution's case, including discrepancies in the location of the incident and lack of evidence to support the charges of grievous injury and possession of firearms. The court partially allowed the appeal, affirming some convictions while overturning others.
Issues: Inconsistencies in witness testimonies, lack of evidence for certain charges, and the presence of a counter-case raised doubts about the prosecution's case.
Ratio Decidendi: The court emphasized the need for clear and consistent witness testimonies, the importance of explaining grievous injuries, and the obligation to cross-examine witnesses on relevant aspects to challenge their testimony.
Final Decision: The appeal was partly allowed, with some convictions affirmed and others overturned. The appellants were directed to surrender before the lower court to serve the remaining sentence.
None appears on behalf of appellants, whereupon Sri Baban Roy, learned advocate has been requested to assist the Court as an Amicus Curiae.
2. Appellants Jabbar Mian, Mustafa Mian, Mauladin Mian, Ishaque Mian, Sakir Mian, Sakur Mian, Idrish Mian and Akhtar Mian have been found guilty for an offence punishable under Section 307/149 of the I.P.C. and each one has been sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs.5,000/- in default thereof, to undergo S.I. for two months, additionally, under Section 326/149 of the I.P.C. and each one has been sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs.5,000/- in default thereof, to undergo S.I. for two months, additionally, under Section 324/149 of the I.P.C. and sentenced to undergo R.I. for three years, under Section 148 of the I.P.C. and sentenced to undergo R.I. for three years, under Section 341 of the I.P.C. and sentenced to undergo S.I. for one year. Appellant Mustafa Mian and Idrish Mian have further been found guilty for an offence punishable under Section 27(1) of the Arms Act and sentenced to undergo R.I. for three years as well as to pay fine appertaining to Rs.2,000/- and in default thereof, to undergo S.I. for one month, additionally, with a further direction to run the sentences concurrently, with a further direction that the period having undergone during course of trial will be set off in accordance with Section 428 of the Cr.P.C. vide judgment of conviction dated 09.06.2015 and order of sentence dated 12.06.2015 passed by the 2nd Additional Sessions Judge, Gopalganj in Sessions Trial No.294 of 2008.
3. PW-7 Nizamuddin Ansari being injured while was in a way to police station met with police officials of Gopalpur P. S. at Rampur School Chowk gave his fard-bayan to the effect that there happens to be land dispute in between him as well as Jabbar Mian along with his family members, since before. In the aforesaid background, today i.e. on 27.01.1999 at about 3.30 p.m., Jabbar Mian armed with farsa, Mauladin Mian armed with knife, Sakir Mian armed with Bhala, Mustafa Mian armed with pistol, Akhtar Mian armed with sword, Ishhaque Mian, Haidar Mian and Sakur Mian armed with lathi respectively, Idrish Mian armed with pistol came at his darwaza and disclosed that you are creating the litigation so, let it be finally decided today. Then thereafter, all of them wrongly confined and during course thereof, Jabbar Mian gave farsa blow over his head with an intention to kill. After sustaining injury, he fell down. Akhtar Mian gave sword blow over head of Aash Mohammad, who also fell down after sustaining injury. Ishhaque Mian, Haider Mian assaulted them with lathi as a result of which, he became unconscious. After regaining sense, he saw his co-villager Bhagrashan Thakur, Harihar Bhagat, Bhola Mian, Rajendra Bhagat, who lifted them for treatment. He had also found his other family members Saiful Khatoon, Khairoon Nisha, Hakikan Khatoon, Johra Khatoon severely injured. He had also seen while escaping there from accused Mustafa Mian and Idrish Mian fired indiscriminately.
4. After registration of Gopalpur P. S. Case No.09 of 1999, investigation was taken up and after concluding the same, charge sheet was submitted facilitating the trial, meeting with the ultimate result, subject matter of instant appeal.
5. Defence case, as is evident from mode of cross-examination as well as statement recorded under Section 313 of the Cr.P.C. is that of complete denial. Furthermore, it has also been pleaded that on the alleged date and time of occurrence the prosecution party brutally assaulted and for that, they have instituted case against the prosecution party and only to put safeguard upon their interest, instant case has been filed. To substantiate the same, though no documentary evidence has been adduced in defence, however, DW-1 Sobrati Ansari has been examined.
6. In order to substantiate its case, prosecution had exami
