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2019 Supreme(Jhk) 885
IN THE HIGH COURT OF JHARKHAND AT RANCHI
APARESH KUMAR SINGH, KAILASH PRASAD DEO, JJ.
Ram Chandra @ Bonga Paswan - Appellant
Versus
The State of Bihar (now Jharkhand) - Respondent
Criminal Appeal (DB) No. 608 of 1996 (P) with Criminal Appeal (DB) No. 584 of 1996 (P)
Decided On : 01-05-2019
For the Appellant : Mr. Manoj Kumar Sah, Adv.(In both cases)
For the Respondent: Mr. Pankaj Kumar, Additional Public Prosecutor
Headnote:
Criminal Procedure Code, 1973 - Section 313 - Indian Penal Code, 1860 - Sections 392/397 and 302 - Arms Act – Section 27 – Punishment - Injury – Investigation - Both criminal appeals have been preferred against common judgment conviction order of sentence passed in Sessions Case Additional Sessions Judge Gouda whereby both appellants have been held guilty Sections Indian Penal Code and awarded rigorous imprisonment for years for offence committed and punishable Section imprisonment for life for offence committed and punishable Section - Both sentences are directed to run concurrently – Held, Aforesaid circumstances court are interfering with part judgment where appellants has been guilty Section by setting aside same and holding conviction of appellants Section - Accordingly conviction of appellants Section is upheld - Conviction of appellants Section is set aside - They are convicted Section Indian Penal - Sentence to be imposed Section concerned learned trial court has awarded Rigorous Imprisonment for years for offence committed and punishable Sections - Alleged date of occurrence age appellants in year years - Considering young age appellants at time of conviction and rigor of trial and proceedings they have faced for approximately years till now court are opinion that sentence awarded by trial court section should be reduced years - So far sentence for offence committed and punishable is concerned court are of opinion that Rigorous Imprisonment for years would meet ends of justice - Period already served by appellants shall be set off section - Accordingly appeal is partly allowed as discussed above - Appellants who are on bail their bail bonds are hereby cancelled and they are directed to surrender before court below for serving rest sentence as indicated above – Order accordingly
JUDGMENT :
Kailash Prasad Deo, J.
Both criminal appeals are arising out of common judgment of conviction and order of sentence, as such both are being heard together.
2. Heard learned counsel for the appellants, Mr. Manoj Kumar Sah and learned counsel for the State, Mr. Pankaj Kumar, Additional Public Prosecutor.
3. Both criminal appeals have been preferred against the common judgment of conviction dated 16.10.1996 and order of sentence dated 17.10.1996 passed in Sessions Case No. 164 of 1995/69 of 1995 by learned 1st Additional Sessions Judge, Godda, whereby both the appellants have been held guilty under Sections 392/397 and 302 of the Indian Penal Code and awarded rigorous imprisonment for 10 years for the offence committed and punishable under Section 392/397 and imprisonment for life for the offence committed and punishable under Section 302 I.P.C. Both the sentences are directed to run concurrently.
4. The prosecution case is based upon statement of the injured, Shyam Sundar Bhagat recorded by S.I, J. M. Ram at Rajkiya Hospital, Meherma on 17.4.1995 at 23.45 Hours, where the informant has stated in presence of his uncle, Naresh Prasad Bhagat that today in the evening after selling his rice at Goria Hat, he was returning along with cash and part of rice which had not been sold. Informant has stated that he has kept the rice and money in the house of his brother Surajmuni Bhagat, residing at Goria and was returning to his house at Lohchita on his bicycle. The informant has stated that as soon as he reached near Balia near the canal road and Mahua tree at around 6.30 p.m., he saw three persons standing there, who obstructed the informant and demanded cash. The informant has replied that nothing is with him except Rs. 150/-as cash after selling rice and the remaining rice has been kept at the residence of his brother at village Goria. Thereafter all the accused persons took cash Rs. 150/-from his pocket and left the informant. The informant has identified two of the accused persons out of three as Santosh Bhagat son of Rajendra Bhagat and second one Ram Chandra @ Bonga Paswan son of Lakhi Paswan. resident of Lohchita, District-Godda, but could not identify third person. Informant has further stated that as soon as he proceeded a distance of 100 yard, the accused persons again chased him and asked him to stop. The informant replied that, what has been left with him, if you want to take cycle you can take the cycle. Thereafter the accused Ram Chandra @ Bonga Paswan loaded country made pistol and handed over the same to Santosh Bhagat. The informant thought that they were joking but in the meantime Santosh Bhagat has fired, which hit on the left side of the chest of the informant. The informant after raising brawl ran towards village Balia and fell down at the door of Lakshman Sah. The informant has disclosed about the occurrence of firing and the snatching of cash. Several persons assembled there, took him on a cot to Goria at the house of his brother Surajmuni Bhagat. The informant has stated that there he disclosed about the occurrence to his brother, uncle and other co-villagers regarding firing and snatching of cycle and cash . The informant has further stated that he was brought to hospital with the help of his brother and co-villagers where his treatment is gong on. The informant has claimed that above-named accused Santosh Bhagat and Ram Chandra @ Bonga Paswan along with one unknown person have snatched his cash, bicycle and have caused serious injuries to him by firing.
5. On the basis of Fardbeyan of the informant, police has registered Meherma (Belbadda) P. S. Case no. 45/95 dated 19.4.1995 under Section 394 I.P.C against three accused persons, two are named as Santosh Bhagat and Ram Chandra @ Bonga Paswan. Subsequently after death of the victim after 33 days on 20th May, 1995 Section 302 of the I.P.C has been added vide order dated 13.7.1995.
On completion of the investigation, police has submitted charge-sheet vide no. 14
