Ajay Sharma @ Ajay Kumar Sharma vs State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Jhk) 1026

IN THE HIGH COURT OF JHARKHAND AT RANCHI
NAVNEET KUMAR, J.
Ajay Sharma @ Ajay Kumar Sharma – Appellant
Versus
The State of Jharkhand – Respondent
Cr. Appeal (SJ) No. 391 of 2007
Decided On : 04-11-2022

Advocates:
Advocate Appeared:
For the Appellant : S.K. Laik.
For the Respondent: Jitendra Pandey.
For the Informant : Kalyan Banerjee.

Headnote:
Indian Penal Code, 1860 - Sections 147, 148, 341, 323, 307, 34 – Criminal Procedure Code, 1973 – Section 313, 482, 320 – Constitution of India, 1950 - Article 142 - Caused injury on head - Thrown into drainage – Appeal against conviction - Vijay Kumar Sharma and two other brothers came with Lathi and iron rods and assaulted on head and caused injury on his head and after dragging him he was thrown into drainage. - Held, Grave or serious offences or offences which involve moral turpitude or have a harmful effect on social and moral fabric of society or involve matters concerning public policy, cannot be construed betwixt two individuals or groups only, for such offences have potential to impact society at large - Parties on their own volition, without any coercion or compulsion, willingly and voluntarily have buried their differences and wish to accord a quietus to their disputes - It is found from evidence that injury which is alleged to have been inflicted upon injured PW-5 informant was simple in nature and informant and appellants have filed a joint compromise petition and informant categorically stated that he has no objection if present appeal is allowed to be compounded and, therefore, in larger interest to maintain peace and tranquility between parties this Court finds that it is just and proper to allow this appeal to be compounded - Appellants are acquitted from charges leveled against them - Since appellants are on bail, they are discharged from liabilities of bail bonds - Appeal allowed.

JUDGMENT :

NAVNEET KUMAR, J.

1. This appeal is directed against the impugned judgment of conviction and order of sentence dated 14.03.2007 passed by the learned Additional Sessions Judge, F.T.C. Vth Dhanbad in Sessions Trial Case No. 432 of 2003 in connection with Putki P.S. Case No. 101/2001, G.R. No. 2351/2001 Dhanbad at Jharkhand whereby and where under the appellants have been convicted for the offence punishable u/s 324/34 of the Indian Penal Code, 1860 (hereinafter referred to as the IPC) and has been sentenced to undergo rigorous imprisonment (hereinafter referred to as the R.I.) for 2 years.

2. It appears from the record that a report called for from the court concerned has been received by this Court with respect to the existence and whereabouts of the appellants which is available on record at Flag-X. From the perusal of the said report received from the court of District and Addl. Sessions Judge-IXth in Charge-A.D.J. FTC-VII, Dhanbad that one of the appellants namely Sitaram Ghatwar @ Sita Ram Shatwar has died on 23.06.2021, and the death certificate has been given by the Mukhiya, of Aralgadiya Panchayat namely Nitu Singh certifying that the appellant Sitaram Ghatwar @ Sita Ram Shatwar has died on 23.06.2021.

3. In this view of the matter, it is submitted by learned counsel appearing on behalf of the appellants that since no close relative has come forward to continue with this appeal on behalf of the deceased appellant Sita Ram Ghatwar @ Sita Ram Shatwar, let this appeal be abated with respect to the appellant no. 3 Sita Ram Ghatwar @ Sita Ram Shatwar.

4. Accordingly, this appeal gets abated with respect to the appellant no. 3 Sita Ram Ghatwar @ Sita Ram Shatwar. Let his name be deleted form the cause title of memo of appeal and this appeal shall be heard with respect to the two surviving appellants namely appellant no. 1-Ajay Sharma @ Ajay Kumar Sharma and appellant no. 2 Bijay sharma @ Bijay Kumar Sharma and disposed of accordingly.

5. The prosecution case arose out of the fardbeyan of the informant Nageshwar Paswan (PW-5) recorded by A.S.I. U.S. Tripathi of Putki P.S. Dhanbad at Central Hospital I.N.S. Male ward bed no. 10 at 12:30 p.m. on 27.08.2001. The prosecution story is that the Nageswar Paswan on 26/27.8.2001 at about 22.30 went outside his house for attending natural call and all of a sudden accused Sita Ram Ghatwar, Ajay Kumar Sharma, Vijay Kumar Sharma and two other brothers of Vijay Kumar Sharma came with Lathi and iron rods and assaulted on head and caused injury on his head and after dragging him he was thrown into drainage. On Halla Barsati Paswan and Meghlal Kumhar came and tried to take informant to Putki P.S. However as he became senseless on way to Putki P.S. he was taken to hospital.

6. On 27.8.2001 Police recorded fardbeyan of informant Nageshwar Paswan at central hospital Saraidela and on the basis of fardbeyan of Nageshwar Paswan a formal F.I.R. has been lodged under sections 147, 148, 341, 323, 307/34 of IPC. After investigation charge sheet has been submitted against accused persons. After taking cognizance the case was committed to the court of sessions. A.D.J. VIIIth Dhanbad had framed charge on 03.08.2004 under section 341, 323, 307/34, 147, 148 of IPC. In this case prosecution has produced altogether six witnesses. However, in spite of sufficient opportunity I.O. has not been produced in this case and ultimately prosecution evidence has been closed, and statement of accused persons were recorded. Accused persons in their respective statements u/s 313 of Cr.P.C. stated that they were innocent and they have been falsely implicated in this case.

7. The learned trial court after conducting the full-fledged trial, passed the impugned judgment of conviction and order of sentence, which is under challenge in this appeal.

8. Heard Mr. S.K. Laik, the learned counsel for the appellant, Mr. Kalyan Banerjee, learned counsel for the informant and Mr. Jitendra Pandey, the learned Addl. P.P. for the State.