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2016 Supreme(Jhk) 620
IN THE HIGH COURT OF JHARKHAND AT RANCHI
D.N. UPADHYAY, RATNAKER BHENGRA, JJ.
Bishwanath Rawani – Appellant
Versus
The State of Jharkhand - Respondent
Cr. Appeal (DB) No. 402, 469, 442, 466, 517 of 2008, 209 of 2011
Decided on : 30-07-2016
Advocate Appeared:
For the Appellants :Mr. B.M. Tripathy, Sr. Advocate Mr. P.K. Mukhopadhyay, Advocate, Mr. Jitendra Tripathy, Advocate Mr. Ashish Kumar, Advocate, Mr. R.C.P. Sah, Advocate, Mr. Indrajit Sinha, Advocate Mr. Bibhash Sinha, Advocate
For the State : Mr. Krishna Shankar
For the Informant :Mr. Shailesh, Advocate
Headnote:Indian Penal Code, 1860 – Sections 302/323/149 and 148 – The conviction of the appellants has been confirmed on the grounds that the witnesses stamens have been confirmed by the independent evidence – the offence has been proved beyond doubt – common intention is attached to the appellants who came with deadly weapons and gave injuries to the witness and the deceased as they came there along with those weapons – Unlawful assembly was formed – All took active part – Common object proved – Prosecution is not under the obligation to elaborate each and every injury caused – minor injuries may be ignored – Evidence has to be considered which if proved coherent and unambiguous the prosecution has done its job well and the ignorance of some injures doesn’t make the case weak. Indian Penal Code, 1860 – Sections 302/149 – 319 Cr.P. C. – The prosecution has not been able to prove the offence against the appellant – the IO did not submit the report as he did not find any evidence against him , the eyewitnesses have not given statements which can be relied upon – The injury caused by tangi on the head of the deceased has not been proved by the examination of the witnesses that it was caused by the appellant – Plea of alibi taken by the appellant has got the support of the defence – Offence not proved beyond doubt – Benefit of doubt given – Sentence is liable to be quashed – Appeal is permitted.
D.N.Upadhyay, J.
Criminal Appeal (DB) Nos.469, 402, 442, 466 and 517 of 2008 have been preferred by appellants namely Bishwanath Rawani, Sukhdeo Rawani, Nuni Bala Devi, Rajendra Rawani and Khageshwar Rawani respectively against the judgment of conviction and order of sentence dated 16.02.2008 and 19.02.2008 respectively, passed by the Additional Sessions Judge-13, Dhanbad in connection with Sessions Trial No.73 of 2005 corresponding to G.R. Case No.1584 of 2004 arising out of Baliapur P.S. Case No.53 of 2004 whereby and whereunder they have been held guilty for the offences punishable under Section 302/149, 323/149 and 148 of the Indian Penal Code and sentenced to undergo life imprisonment and to pay fine of Rs.1000/under Section 302/149 of the Indian Penal Code, six months R.I. under Section 323/149 of the Indian Penal Code and in default of making payment of fine further imprisonment for three months.
Criminal Appeal (DB) No. 209 of 2011 has been preferred by appellant Dhaneshwar Rawani against the judgment of conviction and order of sentence dated 19.02.2011 and 21.02.2011 respectively passed by the Additional Sessions Judge-1, Dhanbad in connection with Sessions Trial No.73A of 2005 corresponding to G.R. Case No. 1584 of 2004 arising out of Baliapur P.S. Case No.53 of 2004 whereby and whereunder he has been held guilty for the offences punishable under Section 302/149 and 147 of the Indian Penal Code and sentenced to undergo imprisonment for life under Section 302/149 of the Indian Penal Code and R.I. for six months under Section 147 of the Indian Penal Code.
2. Since all the appeals arising out of one and same occurrence i.e. Baliapur P.S. Case No.53 of 2004 corresponding to G.R. Case No. 1584 of 2004, are disposed of by this common judgment.
3. The facts emerging from the fardbeyan of Phulchand Rawani recorded on 24.05.2004 at Central Hospital, Saraidhela, Male Surgical Ward No.III, Bed No.19 at 13.00 hours are that on the same day at about 7.30 a.m. while Karla Devi (deceased) was washing her hands and mouth by standing near the door of her house, Dhaneshwar Rawani hurled abuses and raised objection against flow of water. In the mean time, Rajendra Rawani and Bishwanath Rawani both sons of Dhaneshwar Rawani dragged Karla Devi to the courtyard of their house. The alarm raised by the deceased attracted Sanjay Rawani whereafter the informant with his son Sanjay tried to save Karla but till then the accused persons took out sword, tangi, spear, lathi etc. The former accused were joined by accused Sukhdeo Rawani, Khageshwar Rani, Nuni Bala Devi and Rinki Devi who all were armed with sword and tangi. On being ordered by Dhaneshwar Rawani, Rajendra Rawani with the help of his mother Nuni Bala Devi and sister Rinki Kumari pulled down the deceased on the ground. It is alleged that Nuni Bala Devi and Rinki Kumari caught hold of hand and leg of Karla Devi whereas Rajendra was catching hold of head of the deceased. Bishwanath Rawani, by using sword, slit the neck of Karla Devi as a result she died at the spot. Thereafter Bishwanath Rawani hurled sword blow on the person of informant and caused injury on his hand. Sanjay Kumar Rawani and Madan Kumar Rawani were also assaulted by the appellants by means of tangi, lathi, sword etc.
4. On the basis of fardbeyan of Phulchand Rawani, Sindri, Baliapur P.S. Case No.53 of 2004 under Section 147, 148, 149, 324, 326, 307 and 302 of the Indian Penal Code against all the seven named accused was registered. The police, after due investigation, submitted chargesheet against six named accused except appellant Dhaneshwar Rawani. The accused namely Rinki Kumari was found juvenile and therefore, her case stood split up from the remaining accused. Accordingly cognizance was taken and the case was committed to the court of Sessions and registered as Sessions Trial No.73 of 2005.
5. Since appellant Dhaneshwar Rawani was not sent up for trial, remaining appellants were charged for the offence punisha
