Nand Kishore Singh vs State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Jhk) 967

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Ratnaker Bhengra, J.
Nand Kishore Singh and Others - Appellants
Versus
State of Jharkhand - Respondent
Cr. Appeal (S.J.) No. 206 of 2010 (Against the judgment of conviction dated 16.02.2010 and the order of sentence dated 17.02.2010, passed by the learned 5th Additional Sessions Judge, (F.T.C.), Dumka in Sessions Case No. 78 of 2009)
Decided On : 17-12-2021

Advocates Appeared:
For the Appellants :Mr. Rishi Pallava, Advocate
For the State : Mrs. Nehala Sharmin, APP.

Headnote:
Indian Penal Code, 1860 – Sections 302, 427, 149, 448, 147, 307 – Punishment for murder – Punishment for house-trespass – Punishment for rioting – Attempt to murder – Offence of murder – Appellants – Compensation – Counter Affidavit has been filed by State, documented by memo no. of the officer-in-charge of and endorsement of gram panchayat stating therein that Appellant No. 2, Appellant No. 5, Appellant No. 6 and Appellant No. 7 have died– Hence, appeal of these appellants stands abated – Held, , Court find that all the appellants have already undergone about 2 months in custody – Hence, this Court, imposes sentence of three months S.I. under section 323/34 of IPC and period already undergone by them, to be deducted from imposed sentence – However, appellant no. 4, appellant no. 8 and appellant no. 11 are directed to pay compensatory amount each to injured persons i.e., PW-6 and PW-5 or to be deposited in concerned Court below within four months from date of receipt of copy of this judgment and failure to pay compensatory amount of each, will entail a further period of custodial sentence of two months S.I. each. Bail bonds of appellants Appellant No. 4, Appellant No. 8 and Appellant No. 11 stands cancelled – Appeal allowed.

JUDGMENT :

Ratnaker Bhengra, J.

Heard Mr. Rishi Pallava, the learned counsel for the appellants as well as Mrs. Nehala Sharmin, the learned APP appearing on behalf of the State.

2. Counter Affidavit has been filed by the State, documented by memo no. 77/2020 dated 30.01.2020 of the officer-in-charge of Saraiyahat PS. and endorsement of mukhiya of Mandaldih gram panchayat stating therein that Appellant No. 2 Devnarayan Singh, Appellant No. 5 Jagadish Singh, Appellant No. 6 Bisheshar Singh and Appellant No. 7 Puran Singh have died. Hence, appeal of these appellants stands abated.

3. The present criminal appeal has been preferred by the appellants against the judgment of conviction dated 16.02.2010 and the order of sentence dated 17.02.2010, passed by the learned 5th Additional Sessions Judge, (F.T.C.), Dumka in Sessions Case No. 78 of 2009, whereby and whereunder, the appellants were convicted under Sections 307/427/149 of the Penal Code, 1860 and sentenced to undergo RI for five years each under Sections 307/149 IPC. They were further sentenced to undergo RI for one year each under Section 427/149 IPC and the sentences were directed to run concurrently.

4. The prosecution case, in brief, as per the written information dated 27.11.2007 of the informant PW-6 Rasaili Devi, wife of PW-5 Manager Singh, resident of village : Jhapania, P.S. Saraiyahat, District : Dumka is that at about 5.00 am on 27.11.2007, all the thirteen appellants variously armed with lathi, danda, rod and sabbal came and started abusing her. Informant further stated that Madan Mohan and Santlal Singh assaulted her with lathi danda causing injury on left side of her back and forehead and when her son Sahadev Singh (PW-1) and husband Manager Singh (PW-5) came to rescue her, then Kaleshwar Singh, Arjun and Jitendar Singh assaulted them with lathi and danda as a result they also sustained injuries. Her younger sons Bhola Singh (PW-3) was also assaulted and other accused persons pelted stones on roof of her house causing damage of the roof tiles. The cause behind the occurrence is land dispute.

5. On the basis of the written report of the informant F.I.R. dated 27.11.2007 under Sections 147, 448, 323, 427 and 504 of IPC was registered being Saraiyahat P.S. Case.No-188/07. After completion of the investigation, charge-sheet against the appellants under Sections 147, 448, 323, 504 and 427 IPC, was filed and cognizance of the offences were taken and the case was committed to the Court of Sessions. Charges were framed under sections 427/149 and 307/149 of IPC against the appellants and trial was held. At the conclusion of the trial, appellants were convicted and sentenced as aforesaid. Hence, this appeal.

6. The prosecution has examined altogether eight witnesses in support of its case out of whom PW-6 Rasaili Devi is the informant of the case; PW-1 Sahadev Singh is the son of the informant; PW-2 is Manoj Kumar Singh; PW-3 Bhola Singh is also the son of the informant; PW-4 is Sambhu Singh; PW-5 Manager Singh is the husband of the informant; PW-7 is Abhimanyu Singh, who is the Investigating Officer of the case and PW-8 is Dr. Chaudhary Chandrasekhar Prasad.

7. PW-6 Rasaili Devi is the informant of the case. She has stated in her evidence that on the day of occurrence, she was sweeping at about 5.00-6.00 am, in the meanwhile, Jagadish Singh, Santlal, Godo, Jitendar, Madan Mohan, Kaleshwar, Nandlal, Biseshwar Singh, Devnaryan, Nand Kishore and Sarju Singh altogether eleven persons came to her home and Jagadish abused her. Her husband (PW-5) came then they asked her to vacate the house. Accused persons entered in their house and Jagadish assaulted her on head causing bleeding injury. Kaleshwar assaulted her on waist, Manager (PW-5) was assaulted by Santlal with rod causing fracture of his left hand, Madan assaulted him on his thigh. Her both sons Sahadev and Bhola raised halla, then they were also assaulted and accused had damaged the tiles of her house. They went to Saraiyahat P.S.

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