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2014 DIGILAW 287 (PAT)

Kapil Deo Choudhary v. State of Bihar

2014-02-25

AKHILESH CHANDRA

body2014
JUDGMENT : Akhilesh Chandra, J. - Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State. 2. All the six appellants have preferred this appeal against their conviction for the offences under Section 307/149 and 447 of the Indian Penal Code and for the same offence appellant No. 1 was sentenced to undergo rigorous imprisonment for three years whereas others for six years and one month and appellant Nos. 4 to 6 further stand convicted for the offence under Section 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and appellant. No. 3 namely, Mahesh Choudhary, for the offences under Section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one month, and the sentences are to run concurrently, as awarded on 9th July, 2002, by Presiding Officer, Fast Track Court No. 1, Vaishali at Hajipur, in connection with Session Trial No. 96/93/39/2002 arising out of Bidupur P.S. Case No. 200/91. 3. The prosecution case as. reveal from the fardbeyan of the informant (PW 5) recorded on 15th December 1991 at 22.30 hours at Sadar Hospital, Hajipur, by A.S.I. V.K. Singh (PW 7) is that at about 5.00 p.m. in the same evening while the informant was at his door along with his brother Ramdeni Choudhary (PW 3) the appellants arrived there and started abusing Ramdeni Choudhary and appellant Kapildeo Choudhary started abusing Ramdeni Chaudhary and on protest, at his instance, all started assaulting during which Ramdeni Choudhary, informant Ram Ashish Chaudhary and Renu Devi sustained some injuries. The reasons behind the occurrence is continued land dispute between both the sides and during course appellants' side sustained some injuries giving rise to counter case which ultimately ended into compromise. 4. In order to substantiate the charges prosecution has produced the following documentary evidence besides examining seven witnesses : Exhibit 1-Signature of informant Ramashish Choudhary on fardbeyan. Exhibit 2-Injury report of Ramdeni Choudhary. Exhibit 2/A-Injury report of Renu Devi. Exhibit 2/B-Injury report of Ramashish Choudhary. Exhibit 3-Police case diary of this case. 5. Out of whom PW 1 Deokant Jha and PW 2 Hareshi Jha, since said nothing were declared hostile. PW 3 Ramdeni Choudhary has stated the prosecution version and injuries sustained by him. Similar is the position of PW 4 Renu Devi another injured and PW 5 Ram Ashish Choudhary, the informant. Exhibit 3-Police case diary of this case. 5. Out of whom PW 1 Deokant Jha and PW 2 Hareshi Jha, since said nothing were declared hostile. PW 3 Ramdeni Choudhary has stated the prosecution version and injuries sustained by him. Similar is the position of PW 4 Renu Devi another injured and PW 5 Ram Ashish Choudhary, the informant. The three injured persons have been examined and treated by PW 6 Dr. Sushil Kumar Sinha, who has proved injury reports given by him and found respectively the following injury on the person of Ramdeni Chaudhary which are as follows : (i) Sharp cut penetrated wound at the right side of the chest-1/2" x 1/5" x 2/3". (ii) X-ray advise Doctor has deposed that patient was referred to P.M.C.H. for urgent treatment. Age of the injury was within twenty four hours. . PW 6 has also found the following injuries on the person of informant Ram Ashish Choudhary : (i) Sharp cut penetrated wound at forehead-1/4" x 1/4" x deep bleed profusely. (ii) Sharp cutting wound at right index finger-1/4" x 1/4" x 1/4". (iii) Bruise at both knee with swelling-1" x1". And lastly PW 6 found the following injuries on the person of PW 4 Renu Devi: (i) Sharp cutting penetrated wound on right thigh near right knec-2" x 1/2" x 1/2". (ii) Complaint of backache. According to doctor PW 6, the injuries were simple in nature and injury No. (i) in the case of Ramdeni Chaudhary, injury No. (i) & (ii) in the case of Ram Ashish Choudhary and injury No. (i) in the case of Renu Devi, according to doctor PW 6, were caused by sharp cutting weapon and other injuries caused by hard and blunt substance. Age of injury was within 24 hours." 6. Last witness PW 7 Gorakh Prasad Rajak is Investigating Officer of the case. From the statement of the witnesses as well in defence following documentary evidence have been produced besides examining two witnesses D.W.1 Anshu Kumar Bhola, a formal witness, who proved Exhibit A and D.W.2 namely. Dr. Ram Prasad Singh, who proved Exhibit-C series. Exhibit A-Compromise petition. Exhibit B-Permission letter. Exhibit C series-Injury report of Kapildeo Choudhary and Manesh Choudhary. 7. From the statement of the witnesses as well in defence following documentary evidence have been produced besides examining two witnesses D.W.1 Anshu Kumar Bhola, a formal witness, who proved Exhibit A and D.W.2 namely. Dr. Ram Prasad Singh, who proved Exhibit-C series. Exhibit A-Compromise petition. Exhibit B-Permission letter. Exhibit C series-Injury report of Kapildeo Choudhary and Manesh Choudhary. 7. From the materials available as well by admission of the parties, due to ongoing land dispute the occurrence took place wherein both the sides sustained some sort of injuries and since the injuries sustained by appellants' side attract the offence which could be compounded, it ultimately proceeded and decided, accordingly. But the Court below convicted and sentenced the appellants in the manner aforesaid. 8. The injuries sustained by the three members of the prosecution (PWs 3 to 5) are found simple in nature by the Doctor PW 6 who examined and treated them and from nowhere it appears that there was any intention of the assailants to kill anyone. 9. Thus, their conviction of the appellants for the offences under Section 307/149 of the Indian Penal Code is not sustainable, accordingly, it is set aside. But, at the same time, their conviction for remaining offences need no interference. It is contended on behalf of the appellants that for the last about 23 years the appellants have suffered mental agony, financial losses etc. and also were detained for a brief period. 10. On the other hand, learned Additional Public Prosecutor while conceding the submissions stated about some monetary compensation to the three injured persons who had also suffered. 11. Having regard to the facts and circumstances, subject to deposit of Rs. 2,000/- within a period of three months from today by each of the appellants, their sentence is reduced as undergone and on deposit of the amount it shall be divided and distributed between the three injured persons PWs 3 to 5 equally. 12. With the above modification in conviction and sentence, the appeal is hereby dismissed. 13. Let a copy of this judgment be communicated to the Court below as aforesaid through Fax at the cost of appellants. 14. Let the lower Court records be sent back to the Court below forthwith. Appeal dismissed.