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2022 Supreme(Jhk) 1256
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rongon Mukhopadhyay, Ambuj Nath, JJ.
Hemant Sah alias Hemant Saha and ors. - Appellants
Versus
The State of Jharkhand - Respondent
Cr. Appeal (D.B.) No. 27 of 2012
Decided On : 18-10-2022
Advocate Appeared:
For the Appellant :Mr. R. S. Mazumdar, Sr. Advocate
For the Respondent: Ms. Priya Shrestha, Spl.P.P.
The central legal point established in the judgment is the consideration of premeditation in assault cases, the importance of corroborating evidence, and the application of the benefit of doubt principle in acquitting an appellant based on lack of specific injury evidence.
Headnote:
Assault - Indian Penal Code - Section 302/34 - Summary of the acts and sections referenced and discussed by the court: The court discussed the evidence related to the assault under Section 302/34 of the Indian Penal Code. The judgment highlighted the premeditated nature of the assault, the discrepancies in the weapons used, and the corroborating medical evidence. The court also considered the involvement of the accused in initiating the feud and the lack of specific injury evidence for one of the appellants.
Fact of the Case:
The case involved an appeal against the conviction and sentencing of the appellants for the offence punishable under Section 302/34 of the Indian Penal Code. The incident stemmed from a dispute over the digging of a ditch, which led to a quarrel and assault on the informant and his family members, resulting in the death of the informant's father, Baldeo Saha.
Finding of the Court:
The court found that the assault was premeditated and initiated by the appellants, leading to the death of Baldeo Saha. It noted inconsistencies in the evidence regarding the weapons used but emphasized the corroborating medical report. The court also considered the lack of specific injury evidence for one of the appellants and acquitted the appellant no. 2 based on the benefit of doubt.
Issues: The issues revolved around the evidence of assault, the premeditated nature of the incident, discrepancies in the witness testimonies, and the involvement of the appellants in the assault leading to the death of Baldeo Saha.
Ratio Decidendi: The court's decision was influenced by the premeditated nature of the assault, inconsistencies in the evidence, and the lack of specific injury evidence for one of the appellants. It acquitted the appellant no. 2 based on the benefit of doubt.
Final Decision: The appeal was dismissed for the appellant no. 1, while the judgment of conviction and sentence for the appellant no. 2 was set aside, leading to a partial allowance of the appeal. The appellant no. 2 was directed to be released forthwith if not wanted in any other case.
JUDGMENT :
Heard Mr. R. S. Mazumdar, learned senior counsel for the appellants and Ms. Priya Shrestha, learned Spl.P.P. for the State.
2. This appeal is directed against the judgment of conviction dated 19.12.2011 and the order of sentence dated 22.12.2011 passed by Shri Brajendra Kumar Sinha, learned Sessions Judge I, Rajmahal in S. C. Case No. 222 of 1998 whereby and whereunder the appellants have been convicted for the offence punishable under Section 302/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/-each and in default to undergo rigorous imprisonment for further one year.
3. The fardbeyan of Nagendra Nath Saha was recorded on 20.10.1996 in which it has been stated that a few days back Hemant Sah (appellant no. 1) had dug a ditch near the wall of the informant. Due to this act, an application was filed before the Sub Divisional Officer, Rajmahal. The enquiry was handed over to Barharwa Police Station and an enquiry was conducted on 20.10.1996 and when the authority left after the enquiry at about 5 p.m., the accused persons started abusing them and threatened the informant with dire consequences. In course of quarrel Hemant Saha, Baijnath Saha, Goverdhan Saha (appellant no. 2), Ramesh Saha, Dhaneshwar Saha and Rajesh Saha armed with lathi, danda, spear and sickle had come out and Hemant Saha had committed an assault on the head of the father of the informant Baldeo Saha who had come to pacify the matter as a result of which he fell down injured. Thereafter, Dhaneshwar Saha, Goverdhan Saha and Ramesh Saha had assaulted him with lathi. When the informant tried to save his father, Baijnath Saha and Rajesh Saha had assaulted him with spear while the others assaulted him with lathi. The sister of the informant Mina Devi was also subjected to assault by Hemant Saha and Goverdhan Saha. On hearing the cry of alarm, several villagers had assembled at which the accused persons went away. After the incident, the father of the informant was taken to Barharwa hospital but on the way he died.
Based on the aforesaid allegations Barharwa P.S. Case No. 127 of 1996 was instituted against four accused persons for the offence punishable under Section 302/34 of the Indian Penal Code. On conclusion of investigation, charge-sheet was submitted against all the named accused persons under Section 302/34 of the Indian Penal Code and after cognizance was taken, the case was committed to the Court of Sessions where it was registered as S. C. Case No. 222 of 1998. Charge was framed under Section 302/34 of the Indian Penal Code and which was read over and explained to the accused in Hindi to which they pleaded not guilty and claimed to be tried.
4. The prosecution has examined as many as seven witnesses in support of its case.
5. P.W.1 (Jaidev Rawani) has not supported the case of the prosecution and has been declared hostile.
6. P.W.2 (Tarawati Devi) has deposed that the incident is of 20.10.1996 at about 5 p.m. Hemant Saha had dug a ditch besides her shop which endangered the wall for which an enquiry was conducted by Barharwa Police. After the enquiry was over at about 5 p.m. Goverdhan Saha, Rameshwar Saha, Hemant Saha, Baijnath Saha, Munna Saha, Rajesh Saha, Nandu @ Nandlal Saha and Banku Saha had come near her house. She had gone to pick cow dung cakes when Goverdhan Saha had assaulted her with a lathi and when her husband came to save her, the accused persons had also assaulted her and Goverdhan Saha and Ramesh @ Rupesh had pushed him in the ditch. On hearing the commotion, her father-in-law Baldeo Saha came out at which the accused persons felled him and Hemant Saha had given a sickle blow on his head. He became unconscious. She has stated that when her husband went to save her father-in-law, he was once again assaulted. When the villagers came, the accused persons fled away. By hiring a van, her husband and father –in-law were taken to police station and on the way to the
