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2021 Supreme(Jhk) 657

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SHREE CHANDRASHEKHAR, RATNAKER BHENGRA, JJ.
Saud Ansari, s/o late Makbul Ansari – Appellant
Versus
Gulzar Ansari s/o late Suleman Ansari – Respondent
Criminal Appeal (DB) No. 115 of 2013 with Criminal Appeal (DB) No. 71 of 2021
Decided on : 18-08-2021

Advocates:
Advocate Appeared:
For the Appellant :Mr. Akhouri Awinash Kumar, Mr. Rana Surjit Singh, Advocate
For the Respondent: Mr. Ravi Prakash, Spl. PP

Headnote:

Indian Penal Code, 1860 - sections 147,148, 149,307, 302, 323, 324, 326, 326, 341, 447 and 304 Part II- Unlawful assembly – Punishment for rioting – Punishment for voluntarily causing hurt - Dowry death - First Information Report was lodged same day – Informant, his brother, mother, sister-in-law, nephew and father were brought to Nursing Home where they were treated and administered First Aid - However, in course of treatment he succumbed to injuries - Whether some of them were present before a quarrel took place – Held, Judge has convicted and sentenced under section 323 of Indian Penal Code and sentenced them to undergo RI for one year which, in facts and circumstances of case, we modify to period of sentence already undergone by them - Criminal Appeal partly allowed.

JUDGMENT :

Per, Shree Chandrashekhar, J .

In Sessions Trial No. 619 of 2003, the appellants are convicted and sentenced to undergo various periods of Rigorous Imprisonment under sections 148, 323, 323/149, 324, 324/149, 326, 326/149, 341/149, 447 and 304 Part II/149 of the Indian Penal Code.

2. We would indicate the sentences awarded to the accused in Tabular Chart, as under:

Accused

S.148 IPC

S.304 part II IPC

S.304 part II / 149 IPC

S.323 IPC

S.323/ 149 IPC

S.324 IPC

S.324/ 149 IPC

S.326 IPC

S.326/ 149 IPC

S.341/ 149 IPC

S.447 IPC

Gulzar Ansari

RI of 3 Years

-

RI of 7 Years & fine 3000/

-

RI for 1 Year

RI for 3 Years

-

-

RI for 5 Years & fine 1000/-

RI for 1 Month

RI for 3 Months

Aalam Ansari

RI of 3 Years

RI of 10 Years & fine 5000/-

-

-

RI for 1 Year

-

RI for 2 Years

--

RI for 5 Years & fine 1000/-

RI for 1 Month

RI for 3 Months

Islam Ansari

RI of 3 Years

-

RI of 7 Years & fine 3000/

-

RI for 1 Year

-

RI for 2 Years

RI of 7 Years & fine 3000/-

-

RI for 1 Month

RI for 3 Months

Saud Ansari

RI of 3 Years

-

RI of 7 Years & fine 3000/-

-

RI for 1 Year

RI for 3 Years

-

-

RI for 5 Years & fine 1000/-

RI for 1 Month

RI for 3 Months

Mahiuddin Ansari

RI of 3 Years

RI of 10 Years & fine 5000/-

-

-

RI for 1 Yea

-

RI for 2 Years

-

RI for 5 Years & fine 1000/-

RI for 1 Month

RI for 3 Months

Asimuddin Ansari

RI of 3 Years

RI of 10 Years & fine 5000/-

-

-

RI for 1 Year

-

RI for 2 Years

--

RI for 5 Years & fine 1000/-

RI for 1 Month

RI for 3 Months

Masiuddin Ansari

RI of 3 Years

-

RI of 7 Years & fine 3000/-

-

RI for 1 Year

-

RI for 2 Years

RI of 7 Years & fine 3000/-

-

RI for 1 Month

RI for 3 Months

Irsad Ansari

RI of 3 Years

-

RI of 7 Years & fine 3000/-

RI of 1 Year

--

-

RI for 2 Years

-

RI for 5 Years & fine 1000/-

RI for 1 Month

RI for 3 Months

Tabrej Ansari

RI of 3 Years

-

RI of 7 Years & fine 3000/

RI of 1 Year

-

-

RI for 2 Years

-

RI for 5 Years & fine 1000/

RI for 1 Month

RI for 3 Months

Shaifulla Ansari

RI of 3 Years

-

RI of 7 Years & fine 3000/-

RI of 1 Year

-

-

RI for 2 Years

-

RI for 5 Years & fine 1000/

RI for 1 Month

RI for 3 Months

3. The convicts challenged the judgment of their conviction and order of sentence in Sessions Trial No. 619 of 2003 by filing Criminal Appeal (DB) Nos. 85 of 2013 and Criminal Appeal (DB) Nos. 115 of 2013.

On behalf of the appellants, namely, Gulzar Ansari, Islam Ansari and Irsad Ansari, Criminal Appeal (SJ) No. 87 of 2013 was filed which was converted into Criminal Appeal (DB) No. 71 of 2021 in view of the Full Bench judgment of this Court in Criminal Appeal (SJ) No. 1281 of 2016 and connected matter. During pendency of these criminal appeals, Aalam Ansari, Mahiuddin Ansari, Asimuddin Ansari and Masiuddin Ansari served the sentences awarded to them and were released. By an order dated 25.03.2021, Criminal Appeal (DB) No. 85 of 2013 filed by Aalam Ansari was dismissed as not pressed and Criminal Appeal (DB) No. 115 of 2013 was also dismissed on 17.08.2021 qua the appellants, namely, Mahiuddin Ansari, Asimuddin Ansari and Masiuddin Ansari – the remaining appellants are on bail.

4. Pithoria PS Case No. 30 of 2003 was registered on 08.07.2003 against Gulzar Ansari, Aalam Ansari, Islam Ansari, Saud Ansari, Mahiuddin Ansari, Asimuddin Ansari, Masiuddin Ansari, Irsad Ansari, Tabrej Ansari and Shaifulla Ansari for committing the offence under sections 147, 148, 149, 323, 324, 307, 341 and 447 of the Indian Penal Code. Subsequently, section 302 of the Indian Penal Code was added in the report.

5. In his fardbeyan which was recorded on 08.07.2003 around 9:30 AM at Kanke Nursing Home, Ranchi, Barkatullah Ansari has stated that a

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