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2024 Supreme(Pat) 533

IN THE HIGH COURT OF JUDICATURE AT PATNA
VIPUL M. PANCHOLI and RAMESH CHAND MALVIYA, JJ.
Criminal Appeal (DB) Nos.1138, 1076, 1137, 1220 of 2016 with 64, 67, 445 of 2017
(30.8.2024)
Md. Suleman & Ors. (in 1138)
Md. Firoz & Anr. (in 1076)
Md. Abid @ Sultan @ Abid (in 1137)
Md. Hanif @ Md. Hanif (in 1220)
Md. Rahman @ Rahman (in 64)
Md. Karim @ Karim & Anr. (in 67)
Majnu Nadaf @ Majlum Nadaf @ Majnu (in 445) ... Petitioners
vs.
State of Bihar .... Respondent
(in all)

Advocates:
For the Appellants : M/s D.K. Sinha, Sr. Adv., G.C. Jha, Alexander Ashok(in 1138, 1220); Ramakant Sharma, Sr. Adv., Rabindra Kumar, L.K. Sharma (in 1076); Sunil Kumar Pathak (in 1137); Subhash Kr. Jha, Shivnandan Sah (in 1220); Bimal Kumar (in 64, 67); Manish Kumar No 13 (in 445).
For the State : M/s Sujit Kumar Singh, APP(in 1138); Dilip Kr. Sinha, APP (in 1076, 1220, 67, 445); Sri Shivesh Chandra Mishra(in 1137); Sri Ashwani Kumar Sinha, APP (in 64)
For the Informant : M/s Gopal Jha, Shreepal Jha (in all).

Headnote:

Criminal Trial – Indian Evidence Act, 1872 – Section 118 & Ch. X – Injured Witnesses – Appreciation of Evidence – Unless it is otherwise established by the evidence, it must be believed that an injured would not be the real culprits to escape and falsely implicate the accused – The evidence of injured witness has greater evidentiary value and unless compelling reasons exist, their statements are not to be discarded lightly – The evidence of such witness cannot be doubted because of minor contradiction – In view of these principles, in the present case evidence of P.W. 9 (injured eye witness) is found to be trustworthy, when the same was corroborated by the other prosecution witnesses including the medical evidence – Cr. App. (DB) Nos. 1138/2016, 1137/2016, 64/2017, 67/2017 and 1220/2016 stand dismissed & Cr. App. (DB) Nos. 1076/2016 & 445/2017 allowed. (Paras 31, 32, 40 and 41)

Neeraj Sharma Vs. State of Chhattisgarh, (2024) 3 SCC 125 – Relied.

Vipul M. Pancholi, J.—All these appeals have been filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as 'Code') challenging the common judgment of conviction dated 16.09.2016 and order of sentence dated 20.09.2016 passed by learned Sessions Judge, Madhubani in Session Trial No. 90/2013 (2847/2013 C.F.), Session Trial No. 155/2013 (1446/2013 C.F.), Session Trial No. 1/2014 (4276/2014 C.F.) arising out of Pandaul P.S. Case No. 149/2022 (G.R. No. 1890/2012). However, all three aforementioned Session Trial Cases were amalgamated and tried with Sessions Trial No. 90/2013, whereby all the appellants were sentenced to undergo imprisonment for life and they are also liable for fine of Rs. 5,000/- (Rupees Five Thousand) each for having committed the offence punishable under Section 302 read with Section 149 of the I.P.C. and are sentenced to undergo R.I. for five years and they are held liable for fine of Rs. 5,000/- each for the offence punishable under Section 307 read with Section 149 of the I.P.C. and further sentence to undergo R.I. for two years for the offences punishable under Section 148 of the I.P.C., the appellants and five others also sentence to undergo R.I. for three years and fine of Rupees One Thousand each for the offences punishable under Section 27 of the Arms Act. They were further sentenced to undergo R.I. for ten years and are also held liable for fine of Rupees Two Thousand each for the offence punishable under Section 3 of the Explosive Substance Act and further ordered that the aforesaid amount of fine is realized the half of the same will be paid to Sabida Khatoon, wife of Late Md. Ali or her son Jasim, and half will be deposited in the treasury of State Government Accounts. In case of default regarding the payment of fine, the convicts will further undergo S.I. for three months in addition to their substantive punishment. However, all the sentences were ordered to run concurrently.

FACTUAL MATRIX:—

2. "The fardbeyan of Md. Jasim s/o Late Md. Ali Nadaf R/o Village-Gangauli, P.S. Pandaul, District- Madhubani was recorded by S.I. Kumar Brajesh S.H.O. Pandaul P.S., District- Madhubani at 05:05 a.m. on 30.06.2012 at the door of the complainant, wherein he has stated that on 29.06.2012, at about 02:00 p.m, the informant was sleeping in his house. He came out of the house on hearing the sound of firing and explosion of bomb in the courtyard where he heard the voice of Md. Kalam asking others to search out Md. Jasim (informant) as Jasim was not at the roof of the house. Then, the informant fled away from the courtyard and hid himself. He then saw that Md. Kalam, Misrul, Md. Jahangir, Md. Suleman, Md. Karim, Md. Islam, all armed, were present along with 30-40 persons and some of them were fleeing away towards West and some towards South. Thereafter, he (informant) came at his house and found that his father Md. Ali died by sustaining gunshot injury and his mother Safida Khatoon sustained injury in her leg and when he went at the roof of his house, he found that his brother Hakim, Rasid and Md. Nasim had also sustained gunshot injury. Out of them, Md. Nasim was dead. There had been a long standing enmity with the family of Md. Shamshul and, during the said period, there had been dispute of land in between Md. Shamshul and Sonelal Chaupal and Md. Shamshul was under the impression that the family of the informant was helping Sonelal Choupal and due to that, Md. Shamshul, under a conspiracy, got a case lodged against him and his other family members from his daughter-in-law and he (Shamshul) along with his son Md. Firoz and Islam went to jail where he (Shamshul) and his sons made conspiracy with the help of Md. Hanif and local chowkidaar Md. Rahman and his son Md. Islam and Karim committed the occurrence. Under a conspiracy, Md. Shamshul along with his son Md. Firoz and Islam and one Majnu Nadaf went to jail and from there committed the occurrence with the help of his son Md. Kalam and

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