IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.480 of 2009 ======================================================

1. Jawahir Singh Son of Late Kashi Nath Singh Resident of village- Nayka Barka Baiju Tola, PS- Rivilganj, Dist- Saran

2. Chandrama singh Son of Late Kashi Nath Singh Resident of village- Nayka Barka Baiju tola, PS- Rivilganj, Dist- Saran ... ... Appellant/s Versus The State of Bihar. ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Ms. Priya, Amicus Curiae For the Respondent/s : Mrs. Anita Kumari Singh, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY

ORAL JUDGMENT

Date : 19-01-2026 None appears on behalf of the appellants.

Learned Additional Public Prosecutor for the State.

2. It is noted that the matter is pending consideration for about 16 years.

3. It has been requested and Ms. Priya, learned counsel, has shown her willingness to assist as Amicus Curiae in the present matter.

4. Accordingly, learned counsel Ms. Priya, has been appointed as Amicus Curiae in the present matter.

5. Heard Ms. Priya learned Amicus Curiae for the appellants and learned A.P.P for the State.

6. The present appeal has been preferred for setting aside the judgment of conviction dated 30.05.2009 passed by the Additional Sessions Judge XIth, Saran, in Sessions Trial No. 345 of 2002, whereby the appellants were held guilty for the offence punishable under Section 324 of the Indian Penal Code. However, the appellants were released on probation under the provision of the Probation of Offenders Act upon furnishing a bond of ₹1,000/- with one surety for keeping peace for a period of one year.

7. As per prosecution case, the informant Sitaram Singh (PW-4), was living alone at his house while his sons were residing outside the village. On 02.07.2001 at about 8:00 A.M., the informant was levelling his sahan (courtyard) situated in front of his house by filling soil. The soil was being carried from the bank of a river by an ass belonging to Satrudhan Baitha (PW-3) and was being transported through a public lane passing adjacent to the house of the accused persons, which also served as the access road to the informant’s house. It is the prosecution case that both the appellants wrongfully obstructed the passage of the ass through the said public lane, which led to a verbal altercation between the parties. Upon receiving information about the obstruction, the informant reached the spot and objected to the illegal act of the accused persons. It is alleged that during the course of the altercation, appellant no.2 Chandrama Singh, instigated the other to kill the informant and he himself picked up a bhala (spear) kept on his verandah and assaulted the informant targetting his chest with intention to kill him. In order to save his life, the informant caught the bhala with his right hand, as a result of which the bhala struck his right palm, causing a grievous injury. It is further alleged that, at the same time, appellant no.1 Jawahar Singh assaulted the informant’s head with an iron rod. The informant tried to skip, as a result of which the blow hit his right shoulder causing bone fracture. The informant fell down on the spot and started writhing in pain. On hearing the hue and cry, nearby witnesses assembled at the place of occurrence and intervened, thereby rescuing the informant from further being assaulted. The informant/injured informed his son, who resides in Chapra, about the occurrence, but his son had gone out of Chapra and when he returned on 05.07.2001, he took the informant/injured to Chapra Sadar Hospital for medical treatment.

8. Thereafter, the informant filed a complaint case bearing Complaint Case No. 1117(C) of 2001 before the learned Chief Judicial Magistrate, Mokam, Chhapra which was converted into Rivilganj P.S. Case No. 97 of 2001 registered under Sections 323, 325, 324, 307 and 34 of the IPC. Routine inve