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2019 Supreme(Jhk) 714
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rajesh Shankar, J.
Dhanraj Singh & Ors. - Appellants
Versus
The State of Jharkhand - Respondents
Criminal Appeal (SJ) No. 345 of 2004
Decided On : 14-03-2019
For the Appellants : Mr. Ramawatar Sharma, Adv.
For the State : Mrs. Vandana Bharti, A.P.P.
Headnote:
Indian Penal Code, 1860 – Sections 304 Part-II/34, 147 and 148 – Culpable homicide not amounting to murder and rioting – Benefit of probation – Conviction can be based on testimony of sole eye-witness provided evidence of said witness is cogent, trustworthy, reliable and is corroborated by other evidences – Ocular evidence of eye-witness has sufficiently been corroborated by medical evidence and it inspires confidence – Offence was committed in broad day light and convicts/appellants were already known to eye-witness and as such, there can be no doubt on point of identification of accused persons – It is not expected from an eye-witness who got grievously injured in the occurrence that he would narrate exact incident with precision and if major part of statement of injured eye-witness is found consistent, same may be taken into consideration – No material contradiction in case of prosecution could be shown to this Court – No infirmity in impugned judgment of conviction – However, incident pertains to year 1989 and appellants have been facing rigours of a prolonged trial and thereafter appeal for about30 years – Appellants directed to pay only compensation. (Paras 17, 20, 21, 24, 25 and 26)
JUDGMENT :
The present appeal has been directed against the judgment of conviction dated 30.01.2004 and order of sentence dated 31.01.2004 passed by Shri Sanjay Kumar Chandriyavi, Additional District and Sessions Judge, Fast Track Court-VI Giridih in S.T No. 21 of 1990, whereby the appellant Dhanraj Singh and Sahdeo Singh have been found guilty under Sections 304 Part-II/34, 147 and the appellant Dhanraj Singh has also been held guilty under Section 148 IPC. Appellants Badri Singh, Durga Singh, Ashin Singh, Madhusudan Singh (died on 16.02.2004 and the appeal has been filed through Dhanraj Singh) have been found guilty under Sections 323 and 147 IPC. The appellants Dhanraj Singh and Sahdeo Singh have been sentenced to undergo rigorous imprisonment for seven years under Section 304 Part II/34 IPC. They have further been sentenced to undergo one year rigorous imprisonment under Section 147 of IPC. Dhanraj Singh has been sentenced to undergo rigorous imprisonment for one year under Section 148 of IPC. Accused Madhusudan Singh (deceased), Badri Singh, Durga Singh, Ashin Singh have been ordered to be released under the provisions of Probation of Offenders Act for maintaining good conduct for a period of one year and have been directed to furnish the bond to that effect.
2. The fact of the case as recorded in the fardbeyan of the informant Guhi Singh (PW-5) is that on 28.07.1989 at 8.00 am, his brother Shyam Lal Singh (now deceased) was ploughing his field and at that time, Madhusudan Singh, Dhanraj Singh, Sahdeo Singh, Badri Singh, Ashin Singh and Durga Singh by forming unlawful assembly came armed with lathi and tangi and restrained his brother Shyam Lal Singh from ploughing the field, but he insisted to plough the field as the same belonged to him and continued to do so. It has further been alleged that Madhusudan Singh ordered to kill Shyam Lal Singh as he had not obeyed him and then Dhanraj Singh gave Tangi blow on the head of Shyam Lal Singh who fell on the ground. Thereafter, Sahdeo Singh started assaulting on his testicles with lathi. The informant rushed to help his brother but he too was assaulted by the rest of the accused persons. Consequently, he became unconscious. After some time, he gained consciousness and found that his brother was still unconscious and as such, he took him to the house. The informant tried to manage money to take his brother to hospital, but he could not manage. Due to pain and as it was already night, he could not take his brother either to the hospital or to the police station. Finally, Shyam Lal Singh died at 1 am in the night. It has thus been alleged that the accused persons after forming unlawful assembly assaulted the informant and his brother who subsequently died.
3. On the basis of the fardbeyan, an FIR being Gandey P.S Case No. 28 of 1989 was instituted under Sections 147/148/149/324/307/302 IPC against the present appellants. The chargesheet was filed against the appellants on 25.10.1989 under Sections 147/148/149/307/302 IPC. The Chief Judicial Magistrate, Giridih took cognizance of the offences and committed the case to the court of Session for trial. On 07.02.1991, charge was framed against all the accused persons under Sections 302/149 IPC. Appellants Dhanraj Singh and Sahdeo Singh were specifically charged under Section 302 IPC. Dhanraj Singh was also charged under Section 148 IPC. Appellant Madhusudan Singh, Sahdeo Singh, Badri Singh, Ashin Singh, Durga Singh were charged under Section 147 IPC. Appellants Madhusudan Singh, Badri Singh, Ashin Singh, Durga Singh were also charged under Section 307 IPC for their attempt to commit murder of Guhi Singh.
4. Altogether seven witnesses were examined by the prosecution during the trial i.e., PW-1 – Dr. B.P Singh PW-2 – Kalawati Devi, PW-3 – Videshi Singh, PW-4 – Nema Devi, PW-5 – Guhi Singh, PW-6 – Dr. Pavitra Kumar Verma, PW-7 – Sahdeo Prasad Verma. The defence also examined DW-1 – Binod Prasad Singh.
5. PW-1 – Dr. B.P. Singh conducted the pos
