CHANDRIKA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE prosecution went for trial of the appellants and others with accusation that on 22nd July 1985, while. Brahmdeo Das (PW 4) was ploughing land of Manoj Kumar for tree planting paddy seedings in the field, appellants came there, and on exhortation of Subh Narain Singh, while Bidya Nand Singh dealt blows with Bhala on his neck, Chandrika Singh dealt blows with Bhala on his abdomen which was followed by indiscriminate assault by Subh Narain Singh, Shankar Sah, Rup Narain Singh and Lakshmi Giri. After the police was set in motion on these accusations appearing in the fard beyan of Brahmdeo Das which was recorded at 8.15 PM on 22nd July 1985 in the Sadar Hospital, Sitamarhi investigation commenced, in course of which police officer recorded statement of witnesses u/s 161 of the Cr. PC. visited the place of occurrence, secured injury report from the hospital and on conclusion of investigation laid charge sheet before the court. It seems that before the trial commenced, Rup Narain Singh died and hence proceeding was dropped against him and it is how that the trial commenced only against five persons including the two appellants. In the eventual trial, the State examined altogether 8 witnesses which include the injured, Brahmdeo Das, his master Manoj Kumar, the Doctor who attended the injured, the police officer and host of other witnesses who claimed themselves to be conversant with the incident.

(2.) PERSISTING land dispute between the parties was taken to be a ground by the appellants for their alleged false implication. The defence also brought on record number of documents ostensibly to suggest land dispute between the parties and the trial court while evaluating evidences of PWs 1, 2, 4 and 5 and also the positive finding recorded by the Doctor, though did not find the appellants guilty of the charges u/s 307 of the IPC, recorded verdict of guilt against Bidya Nand Singh u/s 326 of the IPC and sentenced him to suffer R.I. for a term of 3 years. As for Chandrika Singh, he suffered conviction u/s 324 of IPC and was sentenced to suffer R.I. for a term of one year. Both the appellants also suffered conviction u/s 148 of the IPC and were sentenced to suffer R.I. for a term of one year. Though, Subh Narain Singh, Lakshmi Giri and Shankar Sah too suffered conviction u/s 323 and 147 of the IPC, regard being had to the nature of accusation attributed to them and also attending circumstances of the case they were released on admonition as enjoined u/s 3 of the Probation of the Offenders Act, 1958. Among those who suffered conviction, only the appellants have challenged the finding recorded by the trial court.

(3.) THE non examination of those who were suggested to have flocked to the place of occurrence, those who carried the injured to the hospital did not constitute an infirmity in prosecution case for the reason that those examined at trial had led good and positive evidence and that too free from blemishes. There being no presence of blood on the place of occurrence was a matter of petty details which did not be the real issue nor could affect the broad features of the prosecution case. Apart from ocular evidence there was finding of the Doctor too who noticed corresponding injuries on the person of the injured. The incident took place at 10 AM on 22.7.1985 and fard beyan of the injured was recorded only at 8.15 hours on the same day after the injured negotiated distance of about 6 Kms. from Shiv Nagar and in this backdrop the prosecution cannot be saddled with criticism of launching belated prosecution. Though, volume of the documents were placed on behalf of the appellants to suggest land dispute between the parties, the trial court had not given due credence to them for consideration of the issue pending before it and on the premises stated above while conviction of Bidya Nand Singh is converted u/s 324 of the IPC, the finding recorded against Chandrika Singh is upheld. The finding of guilt recorded by trial court against the appellants u/s 148 of the IPC also did not require interference in view of weapons shown to have been used by them. However, regard being had to the fact that the appellants suffered ordeal of protracted prosecution for about 17 years and there being some sort of land dispute between the parties, both the appellants are sentenced to pay a fine of Rs. 2500/ - each and to suffer R.I. for a term of 8 months, in default thereof, and with this modification in sentence this appeal is dismissed. The fine to be deposited with the trial court within two months from the date of receipt/production of the order. Half of the fine would be payable to the injured or his heir if the former is not alive.