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2018 Supreme(Pat) 863
IN THE HIGH COURT OF JUDICATURE AT PATNA
Aditya Kumar Trivedi, J.
KARE YADAV - Appellant
Vs.
STATE OF BIHAR - Respondent
Criminal Appeal (Sj) No. 260 of 2015
Decided On : 30-08-2018
Animesh Kumar Mishra, S.A. Ahmad, Adv.
The severity of the offence under Section 307 IPC and the nature of injuries must be substantiated with evidence to support the charge.
Headnote:
IPC - Assault - Section 307, Section 341 - [IPC Section 307, IPC Section 341] - The court discussed the evidence and circumstances surrounding the case and found the appellant guilty of an offence punishable under Section 323 IPC, reducing the sentence to already undergone. The court set aside the finding of guilt under Section 307 IPC due to lack of evidence to support the charge. The judgment also highlighted the importance of substantiating possession rights over the land and the nature of injuries in determining the severity of the offence.
Fact of the Case:
The appellant was found guilty for an offence punishable under Section 307 IPC and sentenced to undergo RI for 7 years as well as to pay a fine. The case revolved around an incident where the appellant and his nephew were engaged in harvesting wheat crop, and a confrontation ensued with the victim's wife, resulting in injuries to the victim.
Finding of the Court:
The court set aside the finding of guilt under Section 307 IPC due to lack of evidence to support the charge. The appellant was held guilty for an offence punishable under Section 323 IPC, and the sentence was reduced to already undergone.
Issues: The issues revolved around the nature of the injuries, possession rights over the land, and the substantiation of the prosecution's case.
Ratio Decidendi: The court emphasized the importance of substantiating possession rights over the land and the nature of injuries in determining the severity of the offence. Lack of evidence to support the charge under Section 307 IPC led to the setting aside of the finding of guilt.
Final Decision: The appellant was held guilty for an offence punishable under Section 323 IPC, and the sentence was reduced to already undergone. The appellant was discharged from the liability of the bail bond.
Aditya Kumar Trivedi, J.
On repeated calls none appears on behalf of appellant, on account thereof, Sri Animesh Kumar Mishra, learned Advocate has been requested to assist the court as an Amicus Curiae.
2. Appellant, Kare Yadav has been found guilty for an offence punishable under Section 307 IPC and sentenced to undergo RI for 7 years as well as to pay fine appertaining to Rs. 5000/-, in default thereof, to undergo SI for 6 months additionally, under Section 341 IPC and sentenced to undergo SI for 1 year with a further direction to run the sentences concurrently vide judgment of conviction dated 04.04.2015 and order of sentence dated 06.04.2015 passed by 2nd Additional Sessions Judge, Purnea in Sessions Trial No. 196/2005.
3. Girija Nand Yadav gave his Fard-e-beyan on 14.04.2004 at 1.30 PM (over-writing) at Primary Health Centre, K- Nagar where his wife Laxmi Devi was admitted in an injured condition divulging the fact that on the same day at about 10.00 AM, his brother, Kare Yadav and nephew, Santosh Yadav @ Fucho were engaged in harvesting wheat crop belonging to him whereupon his wife Laxmi Devi had gone and forbidden the labourers not to harvest. She further instructed his brother, Kare Yadav that first of all, her share properly be identified and then, harvesting be done whereupon, his brother, Kare and nephew Santosh @ Fucho began to abuse her and said that they would not carve out their share whereupon, his wife stood adamant not to allow harvesting. Then his brother, Kare with an intention to kill gave rod blow over head of his wife as a result of which she sustained injury. His wife fell down and became unconscious. His nephew, Santosh also assaulted her with Lathi. On hue and cry, he along with other co-villagers rushed, seeing whom, accused persons fled away. He lifted his wife, who was in unconscious state, lying in a wheat field, to hospital where she was being treated. Even at the time of recording Fard-e-beyan, she was unconscious.
4. After registration of K-Nagar PS Case No. 54/2004, investigation commenced and after concluding the same, charge-sheet has been submitted against the appellant keeping the investigation pending against Santosh Yadav @ Fucho which happens to be the basis of trial, subject matter of instant appeal.
5. Defence case as is evident from the mode of cross-examination as well as statement recorded under Section 313 CrPC is that of complete denial. It has further been pleaded that the concerned plot along with others were under exclusive domain of the accused which they got under Bataidari proceeding affirmed by appellate court having no intervention at the end of prosecution party who, later on, advanced illegally their claim that they should also be given share in the aforesaid property and for that, they indulged in hooliganism during course of which sustained self inflicted injury and in order to coerce, this false case has been instituted leveling false and frivolous allegation. Furthermore, oral as well as documentary evidences have been led to support.
6. The prosecution, in order to substantiate its case had examined altogether 10 PWs who are PW-1, Ashok Kr. Yadav, PW-2, Dinesh Kumar Sah, PW-3, Bhushan Yadav, PW-4, Gopal Thakur, PW-5, Awadhesh Kr. Yadav @ Awadhesh Kumar Bharti, PW-6, Girija Nand Yadav, PW-7, Kuldip Yadav, PW-8, Brahamdeo Yadav, PW-9, Umesh Pd. Singh and PW-10, Dr. Ramji Singh. Side by side had also exhibited Ext-1 series, signature of respective persons over an agreement, Ext-2, rent receipt, Ext-2/1, Formal FIR, Ext-3, requisition made to the Medical Officer, Ext-4, Injury report, Ext-5, supplementary injury report.
7. Defence had also examined one DW, namely, Shailendra Kumar Yadav and had exhibited Ext-A, rent receipt, ExtB, judgment of Bataidari Case No. 66/88-89 under Section 48E, ExtB/1, order of CO relating to Case No. 1/2001, Ext-B/2, order of appellate court (SDM) relating to Appeal No. 2/2002-03.
8. Twin submissions have been made at the end of learned
