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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHAKRADHARI SHARAN SINGH and NAWNEET KUMAR PANDEY, JJ.
Criminal Appeal (DB) Nos. 310, 222, 273 of 2017
(8.8.2023)
Kari Paswan (in 310)
Anita Devi & Anr. (in 222)
Ram Kalyan Paswan (in 273) ... Appellants
vs.
State of Bihar ... Respondent (in all)
ndian Penal Code, 1860–Sections 302, 307, 148, 325, 326 & 341/149–Appellant assaulting the deceased with lathi, bhala, gupti etc and injuring other persons also–appellant Kari Paswan alleged to have given bhala blow on the head of the deceased and appellant Ram Kalyan Paswan alleged to have assaulted the deceased with Lathi no incised wound, which could have been caused by bhala found on the dead body of the deceased–accusation against Kari Paswan that he had assaulted the victim with bhala cannot be said to have been proved beyond all reasonable doubt and accordingly his conviction u/s 30 IPC is unsustainable–no specific evidence of any overt act is against appellant Anita Devi–appellant Balram Paswan assaulting Bal Krishna with sword is not supported by the medical evidence as, though injury has been found on the head of Bal Krishna, the same appears to have not been caused by a sharp cutting weapon in the nature of sword–conviction of Anita Devi & Balram Paswan u/ss. 148, 307, 325, 326 and 341 cannot be said to have been proved and accordingly they are acquitted of the said charges admittedly dispute was between families regarding the possession over a gair majarua land–evidence of witnesses that Ram Kalyan Paswan gave lathi blow in the head of the deceased is corroborated by the medical evidence–though the injury caused by Ram Kalyan Paswan in the head of the deceased by a lathi blow could be sufficient in the ordinary course of the nature to cause death, but appellant Ram Kalyan Paswan did not have any intention to cause death or to cause such bodily injury as was likely to cause death their circumstance makes the act of the appellant Ram Kalyan Paswan falls under 304 (Part II) IPC–accordingly conviction of Ram Kalyan Paswan modified sentence of the imprisonment for 10 years without fine imposed–resultantly, Cr. App. (DB) No. 310/2014 and Cr. App. (DB) 222/2017 allowed–Cr. App. No. 273/2017 partly allowed. (Paras 14 to 26)
Cr. App. No. 2043/2023 D.- 20.07.2023 (SC)–Referred.
Chakradhari Sharan Singh, J. – All these appeals have been preferred under Section 374(2) of the CrPC against the same judgment of conviction dated 07.01.2017 and order of sentence dated 12.01.2017 passed by the learned Additional Sessions Judge-VIII, Begusarai, in Sessions Trial No. 53 of 2015, and, accordingly, they have been heard together and are being disposed of by the present common judgment and order.
2. By the impugned judgment and order, the appellants have been convicted and sentenced as under: –
| Cr. Appeal (D.B.) No. 310 of 2017 | ||||
|
| Convicted under Sections | Sentence | ||
| Imprisonment | Fine (Rs.) | In default of fine | ||
| Kari Paswan | 302 of the Indian Penal Code | R.I. for Life | 5,000.00 | Three month’s imprisonment |
|
| 148 of the Indian Penal Code | R.I. for one Year | – | – |
|
| 341/149 of the Indian Penal Code | S.I. for one month | – | – |
|
| 325 of the Indian Penal Code | R.I. for three years | 500/- | S.I. for one month |
|
| 307 of the Indian Penal Code | R.I. for five years | 1,000/- | Two month’s imprisonment |
|
| 326 of the Indian Penal Code | R.I. for five years | 1,000/- | Two month’s imprisonment |
| Cr. Appeal (D.B.) No. 222 of 2017 | ||||
| Anita Devi (Appellant No.1) | 148 of the Indian Penal Code | R.I. for one year | – | – |
| 341/149 of the Indian Penal Code | S.I. for one month | – | – | |
| 325 of the Indian Penal Code | R.I. for three years | 500/- | S.I. for one month | |
| 307 of the Indian Penal Code | R.I. for five years | 1,000/- | Two month’s imprisonment | |
| 326 of the Indian Penal Code | R.I. for five years | 1,000/- | Two month’s imprisonment | |
| Balaram Paswan(Appellant No.2) | 148 of the Indian Penal Code | R.I. for one year | – | – |
| 341/149 of the Indian Penal Code | S.I. for one month | – | – | |
| 325 of the Indian Penal Code | R.I. for three years | 500/- | S.I. for one month | |
| 307 of the Indian Penal Code | R.I. for five years | 1,000/- | Two month’s imprisonment | |
| 326 of the Indian Penal Code | R.I. for five years | 1,000/- | Two month’s imprisonment | |
| Cr. Appeal (D.B.) No. 273 of 2017 | ||||
| Ram Kalyan Paswan | 302 of the Indian Penal Code | R.I. for Life | 5,000.00 | Three month’s imprisonment |
| 148 of the Indian Penal Code | R.I. for one year | – | – | |
| 341/149 of the Indian Penal Code | S.I. for one month | – | – | |
| 325 of the Indian Penal Code | R.I. for three Years | 500/- | S.I. for one month | |
| 307 of the Indian Penal Code | R.I. for five years | 1,000/- | Two month’s imprisonment | |
| 326 of the Indian Penal Code | R.I. for five years | 1,000/- | Two month’s imprisonment | |
All the sentences have been ordered to run concurrently.
3. Since the appellants remained unrepresented when these appeals were called for final hearing, this Court appointed Mr. Amish Kumar, a learned advocate as an amicus curiae to assist this Court and present the case of the appellants before us.
4. We have, accordingly, heard Mr. Amish Kumar, learned amicus curiae for the appellants in all the three appeals and Ms. Shashi Bala Verma, learned Additional Public Prosecutor in Criminal Appeal (DB) No. 310 of 2017, Mr. Abhimanyu Sharma, learned Additional Public Prosecutor in Criminal Appeal (DB) No. 222 of 2017 and Mr. Sujit Kumar Singh, learned Additional Public Prosecutor in Criminal Appeal (DB) No. 273 of 2017; for the State.
5. Fard-beyan of Sonia Devi (PW 5), recorded by Brajesh Kumar Singh (PW 6), Station House Officer, Dandari Police Station in the district of Begusarai on 14.08.2014 at 9:30 P.M. near the house of the informant, is the basis for registration of the FIR. She alleged in her fard-beyan that at about 7 P.M. on 14.08.2014, when she and her family members were sitting together, her neighbour Kari Paswan (an appellant in Cr. App. (DB) No. 310 of 2017), his wife Anita Devi (appellant no. 1 in Cr. App. (DB) No. 222 of 2017) started abusing
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