The prosecution failed to prove the charge under Section 307 IPC due to the nature of injuries being simple, leading to the setting aside of the conviction and acknowledgment of a valid compromise.

JUDGMENT :

(Sunil Kumar Panwar, J.)

Heard Mr. N.K. Agarwal, learned senior counsel on behalf of the appellants and Mr. A.M.P. Mehta, learned APP appearing for the state

2. This appeal has been preferred by the appellants being aggrieved and dissatisfied with the judgment of conviction dt. 20.01.2006 and order of sentence dt. 24.01.2006 passed by learned Additional District & Sessions Judge, F.T.C. No.-V, Araria, in Sessions Trial No. 653/1997 and 103/2004, whereby and whereunder the appellants/ convicts were convicted u/s 307 of the Indian Penal Code. The appellants have been sentenced to undergo rigorous imprisonment for five years for the offence punishable u/s 307 of the Indian Penal Code and fine of Rs. 1000/- (one Thousand) each and in default of payment of fine, they had further been sentenced to undergo simple imprisonment for one month.

3. In compliance of order dated 29.4.2024, a letter dated 26.6.2024 sent by Superintendent of Police, Araria has been received which suggests that appellant no.1 namely, S.K. Khurshid had died on 27.12.2017 and in this respect, death certificate is annexed with it. In such circumstances, appeal against appellant no.1 S.K. Khurshid stands abated under the provision of Section 394 of the Code of Criminal Procedure (Cr.P.C.).

5. The prosecution case as per fardbeyan of the informant (P.W.-4) is that on 28.6.1996 at about 11:00 AM while he was moving towards his jute field, he saw accused persons plucking moong crop from his field and two oxen were also grazing. After this, the informant reached there and objected the same, on which appellant, S.K. Khurshid order to assault him. Thereafter, appellant no.4 Anwar run towards the informant and assaulted by means of lathi. When the informant tried to save himself, in the meantime, appellant no. 3 Sajjade came there and gave him knife blow causing injury on his right thumb. Appellant no.2 Razzaque also assaulted the informant due to which he fell down and became unconscious. After that, the informant was taken to hospital for treatment.

6. On the basis of fardbeyan of the informant (P.W.-4), an FIR was registered as Araria (R.S.O.P) P.S. Case No. 241 of 1996 for the offences punishable under sections 342, 323, 324/34 of the Indian Penal Code and section 24 of the C.T. Act. After completion of investigation, investigating officer submitted charge-sheet against the appellants/ convicts. On the basis of charge sheet and materials available on record, 1st Additional Sessions Judge, Araria took cognizance. The charge for the offence u/s 342, 323, 324, 307 of the I.P.C. and section 24 of C.T Act was framed against appellants and the case was committed to the court of Sessions for its disposal.

7. The defense of the appellants/convicts totally denied from the charges leveled against them and pleaded for their innocence.

8. The point to be considered in this appeal before this Court is whether the prosecution has been able to convict the appellants/accused beyond the shadow of reasonable doubt or not.

9. In order to bring home the guilt to the accused, altogether eight witnesses have been examined on behalf of the prosecution whereas two witnesses have been examined on behalf of the defense. The compromise petition and permission petition have been marked as exhibits D & D/1.

10. P.W.-1, Md. Wasik is brother of the informant who deposed in his evidence that on the alleged date of occurrence, he came to know that the informant was in injured condition and he had been admitted in Araria Hospital. He further deposed that when the informant regained his sense, he narrated the story to him that the aforesaid appellants assaulted him.

11. P.W.-2 Md. Yunus is brother-in-law (Jija) of the informant who deposed in his evidence that on the alleged date of occurrence, he was spraying fertilizer in his filed and when he was returning, he found the informant Jasim in injured condition, stained with blood.

12. P.W.-3, Md. Sarif deposed in his examination-in-chief that on the al