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IN THE HIGH COURT OF JUDICATURE AT PATNA
ADITYA KUMAR TRIVEDI, J.
CHHABU SINGH S/O. LATE MAHABIR SINGH - Appellant
Vs.
STATE OF BIHAR - Respondent
Criminal Appeal No. 100 of 2009
Decided On : 09-10-2018
Section 307 IPC - Conviction under Section 307 IPC and Section 27 of the Arms Act - [Section 307 IPC, Section 27 of the Arms Act] - The court found the appellant guilty of the offence punishable under Section 307 IPC and sentenced him to undergo RI for 7 years and to pay a fine of Rs. 5,000/-, and additionally sentenced him to undergo RI for 3 years under Section 27 of the Arms Act. The court also directed the sentences to run concurrently.
Fact of the Case:
The appellant, Chhabu Singh, was found guilty of an offence under Section 307 IPC and Section 27 of the Arms Act. The case involved a dispute over land, during which the appellant and others assaulted the victim, resulting in severe injury. The defense denied the allegations, claiming the prosecution party were themselves veteran criminals and had been falsely implicated. The prosecution presented evidence including witness testimonies and medical reports.
Finding of the Court:
The court found the appellant guilty based on the testimony of the injured victim and the medical evidence. The court noted the absence of cross-examination challenging the victim's version of the place and manner of occurrence, and therefore upheld the conviction.
Issues: The issues included the credibility of witness testimonies, the presence of inherent lacunae in the prosecution's case, and the delay in instituting the case. The defense also raised concerns about the conduct of the investigating officer and the absence of independent witnesses.
Ratio Decidendi: The court emphasized the primacy of the evidence of an injured person in the same occurrence and the importance of cross-examination to challenge witness testimony. The court also highlighted the need for a proper analytical approach to the facts and circumstances of the case.
Final Decision: The court dismissed the appeal, upholding the appellant's conviction and sentencing. The appellant's bail bond was cancelled, and he was directed to surrender to serve the remaining sentence within a fortnight.
Aditya Kumar Trivedi, J.
Appellant, Chhabu Singh 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 of Rs. 5,000/- in default thereof, to undergo RI for one year, additionally, under Section 27 of the Arms Act and sentenced to undergo RI for 3 years as well as to pay fine of Rs. 5,000/- in default thereof, to undergo RI for one year, additionally, with a further direction to run the sentences concurrently vide judgment of conviction dated 29.01.2009 and order of sentence dated 04.02.2009 passed by Additional Sessions Judge-Fast Track Court No.1, Bhagalpur in Sessions Trial No. 1433/2005.
2. Gajadhar Singh (PW-4) while was admitted in an injured condition in an emergency ward, Jawahar Lal Nehru Medical College and Hospital, Bhagalpur, gave his Fard-e-beyan on 14.11.2002 disclosing therein that he has got dispute with appellant, Chhabu Singh relating to 9 Katthas of land lying by the side of his Basa. Chhabu Singh had also instituted a case since before. He had purchased the aforesaid 9 Katthas of land. Chhabu and his brother forcibly want to grab his land in the background of the fact that Chhabu is over the land as a Bataidar. Even after he purchased, he has not withdrawn himself and for that, the dispute happens to be there. In the aforesaid background, Chhabu and his brother at an earlier occasion had threatened him of dire consequences. Even one day prior to the occurrence, Chhabu had threatened him. In the night of 5/6-11-2002, while he was sleeping at his Basa, his son, Shatrughan was inside the room of the Basa, at about 1:00 AM, Chhabu Singh, Bhudeo Singh, Laxman Singh, Channo Singh, Rajesh Singh, Anil Singh, Jainti Tanti, Mangal Tanti, Subodh Singh and Siyalal Singh came at his Basa and began to assault him with fists and slaps while he was asleep. He woke up but, they all have pounced upon him, as a result of which, he remained over his bed. Lantern was burning and in the light thereof, he had identified them. Also identified them by voice. During course of assault, Laxman Singh ordered to kill whereupon, Chhabu Singh took out pistol and shot at his right side of chest, as a result of which, he became severely injured. He shouted in order to save himself whereupon, his son, Shatrughan and Sukhdeo Singh son of Dukha Singh along with others rushed, seeing whom, the accused persons fled away.
3. After having been transmitted at the end of Barari PS, Shahkund (Sajour) PS Case No. 146/2002 was registered, followed with an investigation as well as submission of charge-sheet, facilitating the trial, during midst thereof, one accused, namely, Jainti Tanti died whereupon proceeding was dropped against him. By the judgment impugned, the other co-accused were acquitted while appellant has been convicted in a manner as indicated hereinabove, subject matter of the instant appeal.
4. 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 suggested that the prosecution party are themselves veteran criminals having in possession of illegal fire-arms and in the aforesaid background it happens to be either self inflicted injury or injury caused on account of group rivalry at some different place in different manner and in the background of land dispute, they have been falsely implicated. To substantiate the same, relevant documents have been made exhibit of the record.
5. In order to substantiate its case, prosecution had examined altogether six PWs who are PW-1, Mahesh Sah, PW-2, Sudhir Pd. Singh, PW-3, Shatrughan Singh, PW-4, Gajadhar Singh, PW-5, Dr. Mirtunjay Kumar and PW-6, Abdulla Khan, as well as had also exhibited Ext-1, Injury report, Ext-1/1, correction slip, Ext-2, signature of PW-6 over written report, Ext-2/1, forwarding, Ext-3, Formal FIR, Ext-4, Charge-sheet, Ext-5, Case diary.
6. Defence had also exhibited Ext-A, Sanha, Ext-B, FI
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