Research › Search › Judgment

Patna High Court · body

2012 DIGILAW 1342 (PAT)

BINDA CHOUDHARY v. STATE OF BIHAR

2012-09-21

SHEEMA ALI KHAN

body2012
JUDGMENT Sheema Ali Khan, J. 1. The four appellants have been convicted under Section 324/34 of the Indian Penal Code. Appellants 1 and 2, namely, Binda Choudhary and Purendra Choudhary have been let off on furnishing a bond under Section 360 of the Code of Criminal Procedure to maintain good behaviour for one year, whereas appellants 3 and 4, namely, Ram Lala Choudhary and Ram Babu Choudhary have been sentenced to undergo rigorous imprisonment for one year. 2. The prosecution case is that Sanjay Choudhary along with his sister Renu Devi was going towards the bus stand on 14.10.1988 at about 9 AM. When they reached near the house of Binda Choudhary, it is alleged that Binda Choudhary ordered, whereupon the accused persons assaulted the informant and his sister. Appellant Ram Lala Choudhary assaulted Bajrang Choudhary by means of a farsa, whereas appellant no. 2 Purendra Choudhary inflicted a lathi blow. Appellant Ram Babu Choudhary is said to have assaulted the informant with a farsa on his head. It is also alleged that they stole away a V.I.P. Briefcase and Rs. 420/- cash. 3. A defence has been raised on behalf of the appellants in which it is alleged that the appellants were assaulted by Binod Choudhary, Sanjay Choudhary, Manoj Choudhary, Haridwar Choudhary and Renu Devi. They have lodged Complaint Case No. 869 of 1988, which was tried vide Trial No. 56 of 1994. The informant of this case along with others were acquitted vide judgment dated 22nd April, 1994 passed by Shri Vinay Ranjan Govind, Judicial Magistrate, 1st Class, Muzaffarpur. Subsequently, they filed appeal against the judgment of acquittal, which was dismissed by this Court on 02.05.2011. According to the appellants, it is a case of fight which took place between both the parties in which both parties have received injuries. 4. On perusal of the evidence, it would appear that the witnesses have supported both the manner of occurrence and the assault. The cause or genesis of the occurrence has not been disclosed by the prosecution, but it would appear from the suggestions that there was some dispute with regard to one Binod Choudhary working in the shop of Radhey Shyam Choudhary. Binod Choudhary is the brother of Sanjay Choudhary and it is alleged that Radhey Shyam Choudhary was having a business relationship with the appellants. Binod Choudhary is the brother of Sanjay Choudhary and it is alleged that Radhey Shyam Choudhary was having a business relationship with the appellants. The witness also consistently admitted that a counter case has been instituted by the appellant Binda Choudhary against Sanjay Choudhary and his brothers. 5. The Trial Court while considering the evidence has come to the conclusion that no case is made out under Section 307 of the Indian Penal Code and the allegation of committing theft is not proved. 6. PW 5, the doctor has found five injuries on Sanjay Choudhary, out of which three injuries have been inflicted by sharp cutting weapon on the skull of the informant. The injuries have been reported to be simple in nature. There is also injury on Renu Devi on the skull which is also simple in nature. 7. In view of the aforesaid facts, the Trial Court has rightly convicted the appellants 3 and 4 under Section 324/34 of the Indian Penal Code and similarly convicted appellants 1 and 2, but were released on admonition of bond taking into consideration that they were above 65 years and 55 years of age in the year 1989. 8. After hearing the arguments and perusing the evidence as well as the judgment of the Trial Court, this Court finds no reason to differ with the judgment of conviction. As far as appellants Binda Choudhary and Purendra Choudhary are concerned, they have already undergone the sentence awarded by the Trial Court. On behalf of the appellants, Ram Lala Choudhary and Ram Babu Choudhary, it is argued that the occurrence took place in the year 1988 and almost 24 yeas have elapsed before this case could finally be heard by this Court and as such, they should not be sent to jail after such a long gap. 9. Considering the submissions aforesaid, this Court alters the sentence and directs them to pay a fine of Rs. 200/- as well as compensation of Rs. 800/- to the victim Sanjay Choudhary and Renu Devi each within a period of four months of valid service of notice, failing which they shall undergo simple imprisonment for three months. The Trial Court will issue notice to the informant as well as appellants 3 and 4, namely, Ram Lala Choudhary and Ram Babu Choudhary to pay the said fine and compensation imposed by this Court. The Trial Court will issue notice to the informant as well as appellants 3 and 4, namely, Ram Lala Choudhary and Ram Babu Choudhary to pay the said fine and compensation imposed by this Court. The appellants 3 and 4, namely, Ram Lala Choudhary and Ram Babu Choudhary will be discharged from the liabilities of the bail bonds furnished earlier in this case after payment of the said fine and compensation. 10. In the result, this appeal is dismissed. Appeal dismissed.