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Cr. Appeal (SJ).919 of 2004

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Appeal (SJ) No.919 of 2004

(Against the Judgment of Conviction dated 26.04.2004 and order of

sentence dated 27.04.2004 passed by the court of learned 3rd Additional

Sessions Judge, Palamau, Daltonganj in Session Trial No. 381 of 2000,

arising out of Patan P.S. Case No. 109 of 1999, corresponding to G.R. Case

No.1066 of 1999, Palamau at Daltonganj, Jharkhand)

1. Muslim Mian

2. Jamir Mian

3. Amin Mian

…

Appellants

Versus

The State of Jharkhand

…

Respondent

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CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR

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For the Appellants

: Mr. A.K. Kashyap, Advocate

For the State

: Mr. Tarun Kumar, A.P.P.

5/29.06.2022

This appeal is preferred against the Judgment of Conviction

dated 26.04.2004 and order of sentence dated 27.04.2004 passed by

the court of learned 3rd Additional Sessions Judge, Palamau,

Daltonganj in Session Trial No. 381 of 2000 whereby and where

under all the three appellants have been convicted for the offence

under Section 304/34 of Indian Penal Code and they have been

sentenced to undergo R.I. for 4 years.

2.

The prosecution case has been initiated on the basis of beyan of

the informant Jamal Khalifa (PW-13) alleging therein that on

21.09.1999 at 04. P.M. Ishak Khalifa, son of the informant Jamal

Khalifa, was standing in the village street while above named three

accused appellants armed with Danda, came there and they abused

Ishak Khalifa and after surrounding him assaulted with slaps and

fists upon which Ishak Khalifa raised alarm. On alarm Shahida Bibi,

wife of the informant, came there and started rescuing her son upon

which above named three accused appellants assaulted Shahida Bibi

with Hura of Danda and thrashed her on the ground as a result of

which Shahida Bibi fell down on the ground and became senseless.

On hearing alarm, co-villagers also arrived there and the accused

persons after giving threatening fled away. Thereafter, local Doctor

treated her and due to late night the informant could not come to the

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Cr. Appeal (SJ).919 of 2004

police station earlier.

3.

On the basis of statement of above named informant the same

was reduced to writing at the Patan Police station on 22.09.1999 at

8.30 a.m. and treated as the F.I.R. being Patan P.S. Case No. 109 of

1999 dated 22.09.1999 subsequently converted as G.R. Case No. 1066

of 1999 was registered at the police station and the I.O. after

investigation submitted charge sheet under sections 323 and 304/34

of the Indian Penal Code as Shahida Bibi subsequently died, on the

basis of which cognizance was taken. After taking cognizance the

case was committed to the court of sessions. The learned trial court

has framed charge on 06.09.2002 under sections 323, 304/34 of IPC

and after conclusion of the trial passed the impugned judgment of

conviction and order of sentence which is under challenge in this

appeal.

4.

Heard learned defence counsel A.K. Kashyap appearing on

behalf of the appellant and learned APP Tarun Kumar, appearing on

behalf of the State.

Arguments on behalf of appellants-

5.

Learned defence counsel appearing on behalf of the appellant

submitted that the impugned judgment of conviction and order of

sentence passed by the learned court below is bad in law as well as

on fact that the medical evidence does not corroborate the alleged

charges levelled against the appellants. Learned defence counsel has

also pointed out that most of the witnesses examined on behalf of the

prosecution party have uniformly stated that the deceased was sick

and she had become senseless because of illness and not because of

the assault as alleged to have been inflicted by the appellants and

thus the defence of the appellants is fully corroborated by the doctor

PW – 16 Dr. Kaushal Sahgal, who had conducted the post mortem of

the d