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2018 Supreme(Pat) 936
IN THE HIGH COURT OF JUDICATURE AT PATNA
PRAKASH CHANDRA JAISWAL, J.
JAGARNATH YADAV - Appellant
Vs.
STATE OF BIHAR - Respondent
Criminal Appeal No. 97 of 2013
Decided On : 01-10-2018
Arun, Adv., Agreya Pratap, Adv., Z. Hoda, Adv.
Headnote:
Indian Penal Code, 1860 – Sections 341, 323, 325, 307/34 & 27 of the Arms Act – Appellants convicted for assaulting the informant by various arms and taking away the pair of bulls – Offence is alleged to have been committed while the informant was ploughing the disputed land and the I.O. as well as other P.Ws. have found that the paddy as well as moong crop were standing over it and the land was not barren which creates doubt about the prosecution case – One of the P.W. has stated about oozing of blood from the leg of the informant but no blood found on spot by the I.O. – Case is of admitted lands dispute – Eight accused persons were in the occurrence and out of them five were armed with lathi and one with fire arm but only three injuries were sustained by the informant and one of fire arm and no intervening circumstance was found at the P.O. – It rules out any intention of accused persons to do away with the life of the informant in the occurrence – Prosecution failed to bring home the charges beyond all reasonable doubts – Conviction and sentences set aside – Appeal allowed. (Paras 18 to 22)
Prakash Chandra Jaiswal, J.
Heard learned counsel for the appellants and learned APP for the State on this Criminal Appeal.
2. This criminal appeal has been preferred against the judgment and order of conviction and sentence dated 22.01.2013 passed by learned Adhoc Additional Sessions Judge-I, Supaul in Sessions Trial no. 12 of 2006 arising out of Bhaptiyahi P.S. Case No. 17 of 2005 whereby the learned trial court convicted the accused persons namely, Jagarnath Yadav, Bijendra Yadav and Ravindra Yadav for the offence punishable under Sections 341, 323, 325, 307/34 of the Indian Penal Code and further convicted the accused Bijendra Yadav for the offence punishable under Section 27 of the Arms Act and sentenced them to undergo S.I. for one month each under Section 341 of I.P.C., R.I. for one year each under Sections 323/325 of I.P.C. and R.I. for five years each under Sections 307/34 of I.P.C. and further sentenced the accused Bijendra Yadav to undergo R.I. for two years under Section 27 of the Arms Act. All the sentences were directed to run concurrently.
3. The factual matrix of the case is that Bhaptiyahi P.S. Case No. 17 of 2005 was instituted under Sections 341, 323, 324, 379, 307/34 of the Indian Penal Code and Section 27 of the Arms Act against accused Jagarnath Yadav, Bijendra Yadav, Ravindra Yadav, Durga Nand Yadav, Tara Devi, daughter-in-law of Jagarnath Yadav, brother-in-law of Ravindra Yadav and one another unknown miscreant on the basis of written report of Dev Ram Yadav S/o late Rajendra Yadav with the allegation, in succinct that on 15.05.2005 at around 08:00 AM, informant was ploughing the land of his share, abruptly Jagarnath Yadav, Bijendra Yadav, Ravindra Yadav, Durga Nand Yadav, wife of Jagarnath Yadav, namely, Tara Devi and his daughter-in-law, brother-in-law of Ravindra Yadav and one another unknown miscreant descended at his field and daughter-in-law of Jagarnath Yadav furnished him arrow. They started assaulting him by means of lathi. Sustaining injury he fell down on the ground. Then on the order of Jagarnath Yadav, Bijendra Yadav resorted firing on his left leg. The accused persons also took away his pair of bull.
4. The aforesaid case was investigated by the police and on conclusion of the investigation, I.O. submitted charge-sheet against accused Bijendra Yadav, Jagarnath Yadav and Ravindra Yadav under Sections 341, 323, 325, 307/34 of I.P.C. and 27 of the Arms Act keeping the investigation pending against the other accused persons.
5. On receiving the charge-sheet and the case diary and perusing the same, the learned Magistrate took cognizance of the offence and committed the case to the court of sessions, and after commitment and on transfer finally the case came in seisin of the learned Adhoc Additional Sessions Judge-I, Supaul for trial.
6. Charge against accused Bijendra Yadav, Jagarnath Yadav and Ravindra Yadav was framed under Sections 341, 323, 325 and 307/34 of the Indian Penal Code and further charge against the accused Bijendra Yadav was framed under Section 27 of the Arms Act. Charge was read over and explained to them by the court to which they pleaded not guilty and claimed to be tried.
7. To substantiate its case, in ocular evidence, the prosecution has examined altogether eight prosecution witnesses namely, Saburi Yadav as PW-1, Lakhan Yadav as PW-2, Bijendra Yadav as PW-3, Gajendra Yadav as PW-4, informant Dev Ram Yadav as PW-5, Yogendra Yadav as PW6, Dr. Virendra Kumar Sharma as PW-7 and I.O. Nawal Kishor Yadav as PW-8. Out of the aforesaid witnesses, PWs-1 and 2 turned hostile. In documentary evidence, the prosecution has filed and proved some documents in the case.
8. The statement of the accused persons was recorded under Section 313 of the Code of Criminal procedure. The case of the defence is complete denial of the occurrence claiming themselves to be falsely implicated in this case due to land dispute. The accused persons have also examined one witness, namely, Laleshwar Kama
