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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RATNAKER BHENGRA, J.
Raju Ravidas @ Raju Das, son of Sri Ishwar Ravidas - Appellant
Vs.
The State of Jharkhand - Respondent
Cr. Appeal (S.J.) No. 01 of 2010
Decided on : 29-01-2018
Indian Penal Code - Water Dispute - Section 411, Section 304(A), Section 337 - The court upheld the conviction and sentence of the appellant for the offences under Section 411, 337, and 304(A) of the Indian Penal Code. The appellant was convicted for dishonestly receiving stolen property, causing hurt by an act endangering life and personal safety of others, and causing death by negligence.
Fact of the Case:
The appellant was convicted for preventing the informant's party from taking water from a public well, resulting in an altercation and assault. The deceased sustained injuries from bricks thrown by the appellant and subsequently died during treatment.
Finding of the Court:
The court found that the appellant's actions in preventing access to water from a public well and resorting to criminal force and assault constituted serious offences. The prosecution's evidence, including eyewitness testimonies and medical reports, supported the allegations and the conviction.
Issues: The main issues revolved around the nature of the altercation, the injuries sustained by the deceased, and the appellant's involvement in preventing access to the well and committing assault.
Ratio Decidendi: The court relied on the evidence provided by the prosecution witnesses, including the informant's family members, and the medical reports to establish the appellant's guilt in the offences charged.
Final Decision: The court upheld the conviction and sentence of the appellant for the offences under Section 411, 337, and 304(A) of the Indian Penal Code. The appellant's bail bond was cancelled, and the court directed the lower court to procure his arrest to serve the sentence.
Ratnaker Bhengra, J.:
This criminal appeal is directed against the conviction, passed by 7th,learned A.D.J. (F.T.C.) Giridih dated 10.11.2009 and sentence, pronounced on 12.11.2009 in S.T. No. 91/02, convicting the appellant to undergo rigorous imprisonment for two years and a fine worth of Rs.1000/-for the offence under Section 411 of the Indian Penal Code and he is further sentenced to undergo rigorous imprisonment for two years and a fine worth of Rs.1000/-for the offence under Section 304(A) of the Indian Penal Code and further sentenced to undergo rigorous imprisonment for six months and a fine worth of Rs.500/-for the offence under Section 337 of the Indian Penal Code. All the sentences were directed to run concurrently and period already undergone in jail by this appellant during trial of this case was to adjusted towards the sentences passed against him. In default of payment of fine appellant was to undergo rigorous imprisonment for three months.
2. The prosecution story in nutshell is that informant of this case, Bhagirath Das, PW-3, lodged his written petition with O.C. Hirodih police station on 02.02.2000 at 7.00 p.m. to the effect that on the same day at 4.00 p.m. Binod Jee, who was authorized by the block, came to the well to settle the dispute regarding the well and Binod Jee explained to all that each and every one have equal right to take water from the said well and he went away. After that accused persons Raju, Jag Jeewan, Arjun and Tun Tun came there armed with brick , lathi and iron rod and abused the informant side and assaulted and abused them and took away their bucket, rope and pulley and threatened them to cause their death.
3. On the basis of this written petition of informant, O.C. Hirodih P.S. prepared the formal FIR No. 07/2000 of Hirodih P.S. After investigation charge sheet for the offence under Sections 341/323/337/379/506/411/304/34 of the Indian Penal Code was submitted against the accused.
4. Charges for offence under Sections 341/323/337/379/304/34 and 411 of the Indian Penal Code was framed against the accused to which he pleaded not guilty and claimed to be tried.
5. In this case, altogether 11 witnesses were examined from the side of the prosecution. Trial was held and after conclusion of trial, appellant was convicted and sentenced as aforesaid. Hence, this appeal.
6. PW-3 Bhagirath Das is the informant of this case. He deposed that on 02.02.2000 at 2.00 p.m. he was at his home. At that time, supervisor came from block to enquire about the supply of the water as they had informed that accused persons were preventing them from taking the water from the well. After the supervisor went away accused Raju, Jag Jeewan, Arjun and Tun Tun went on the roof of their house and caused injury to Radhia by pelting brick bat. He further said that Radhia sustained injury on her temple by stone pelted by accused Raju Das. He further said that he and others also received injuries and due to said injury Radhia became unconscious and she was taken to police station and from there she was taken to District Hospital. Accused Raju, Jag Jeewan, Tun Tun and Arjun Das took away his bucket, pulley, khunta, rope, slippers (chappal) and towel (gamacha). Radhia died during treatment.
7. PW-1, Kranti Devi deposed that she was present at the place of occurrence. Her sister-in-law Niria Devi was also with her and they were there to take water from the well. Accused Raju, Jag Jeewan, Arjun and Tun Tun prevented them from taking the water. When accused persons were abusing them, her father-in-law and mother-in-law came there and accused persons also abused them. Accused persons climbed on their roof and threw brick bats on them and her mother-in-law Radhia sustained injury near her ear by brick bats thrown by Raju Das. After that they went to police station and police send them to Jamuwa Hospital where they were given first aid and from there they were sent to District Hospital Giridih. During treatment her mother-in-
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