Dismissed

Ashok Singh and Ors. v. State of Bihar

Patna HC19 Mar 2015CR. APP (DB)/14/1993

Case brief

AI extract

What is this about?

The High Court dismissed criminal appeals arising from a riot case. While generally upholding the trial court's conviction, the Court altered the conviction and sentence of one appellant from murder to culpable homicide not amounting to murder, and reduced sentences for others to the period already served.

What did the court decide?

Conviction of one appellant altered from Section 302 IPC to Section 304 Part-II IPC and sentence modified to time already undergone.

Ashok Singh and Ors. Vs State of Bihar — Murder and Culpable Homicide | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Appeal (DB) No.1 of 1993
Arising Out of PS.Case No. -39 Year- 1991 Thana–Pakari Barama District- NAWADA ===========================================================
1. Mangujar Singh, son of Shree Singh 2. Padarath Singh, son of Shree Singh 3. Suresh Singh, son of Ram Saran Singh 4. Sidhi Singh, son of Ram Saran Singh
5. Rajendra Singh, son of Keshri Singh 6. Gorelal Singh, son of Keshri Singh
7. Ballam Singh, son of Brija Singh
8. Uman Singh, son of Lakhan Singh
9. Shree Singh, son of Gainu Singh 10. Jhuna Singh, son of Lakhan Singh
11. Arun Singh, son of Jai Ram Singh. All residents of Village- Simaria, Police Station- Pakri Barawan, District-
Nawada. .... .... Appellants Versus
The State of Bihar .... .... Respondent with
=========================================================== Criminal Appeal (DB) No. 12 of 1993
Arising Out of PS.Case No. -39 Year- 1991 Thana–Pakari Barama District- NAWADA ===========================================================
1. Karu Singh, son of Ram Nandan Singh 2. Mani Singh, son of Bachchu Singh
3. Uma Singh, son of Pradeep Singh
4. Shalo Singh, son of Chamari Singh
5. Suchit Singh, son of Ramdeo Singh
6. Shri Singh, son of Yodhi Singh.
All are residents of Village- Simariya, Police Station- Pakriwarawan, District-

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Nawada.
.... .... Appellant
Versus
The State of Bihar
.... .... Respondent/s
with
===========================================================
Criminal Appeal (DB) No. 14 of 1993
Arising Out of PS.Case No. -39 Year- 1991 Thana –Pakari Barama District- NAWADA
===========================================================
1. Ashok Singh, son of Dani Singh
2. Arbind Singh, son of Balak Singh
3. Balak Singh, son of Sipahi Singh
All residents of Village- Simaria, P.S. Pakribarawan, District- Nawadah.
.... .... Appellants
Versus
The State of Bihar
.... .... Respondent
with
===========================================================
Criminal Appeal (DB) No. 38 of 1993
Arising Out of PS.Case No. -39 Year- 1991 Thana –Pakari Barama District- NAWADA
===========================================================
1. Nathan Singh,
2. Pramod Singh
3. Binod Singh
All sons of Sarekh Singh, resident of Village- Simaria, Police Station- Pakari
Barawan, District- Nawadah
.... .... Appellants
Versus
The State of Bihar
.... .... Respondent/s

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Patna High Court CR. APP (DB) No.1 of 1993 dt.19-03-2015

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=========================================================== Appearance : (In CR. APP (DB) No. 1 of 1993) For the Appellants : Mr. Siya Ram Shahi, Advocate. For the Respondent : Mr. A.K. Sinha, A.P.P. (In CR. APP (DB) No. 12 of 1993) For the Appellants : Mr. Arun Kumar Arun, Advocate. For the Respondent : Mr. S.C. Mishra, A.P.P. (In CR. APP (DB) No. 14 of 1993) For the Appellants : Mr. Siya Ram Shahi, Advocate. For the Respondent : Ms. S.B. Verma, A.P.P. (In CR. APP (DB) No. 38 of 1993) For the Appellants : Mr. Avanindra Kumar Jha, Advocate. For the Respondent : Mr. A.K. Sinha, A.P.P.

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=========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA

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and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE V.N. SINHA) Date: 19-03-2015

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Appellants in these four appeals are assailing judgment of conviction, order of sentence dated 11.12.1992, passed by 4^th Additional Sessions Judge, Nawadah in Sessions Trial No. 6 of 1992/5 of 1992, whereunder 4 out of 27 accused, put on trial, have been acquitted. Appellant Nathan Singh convicted for the offence under Sections 302, 148 of the Penal Code, sentenced to suffer Rigorous Imprisonment for life, two years under the two counts. Appellants Shree Singh, son of Gainu Singh, Shree Singh, son of Yodhi Singh convicted for the offences under Sections 307, 148 of the Penal Code, sentenced to suffer Rigorous Imprisonment for 7, 2

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years. The other 20 appellants have been convicted for the offence under Sections 307/149, 147 of the Penal Code, sentenced to suffer 3, 2 years Rigorous Imprisonment. Amongst the 20 convicts, appellant Pramod Singh, and Suresh Singh have further been convicted for the offence under Section 323 of the Penal Code and sentenced to suffer Rigorous Imprisonment for six months. The sentences have been directed to run concurrently.

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Prosecution case, as set out in the fardbeyan of informant Ganpat Manjhi, injured, dated 12.06.1991, recorded by Sub Inspector Chandra Prakash, Officer-in-Charge of Pakari Barama Police Station at 17:30 hours in the outer area of Pakari Barama village (Badhar) is that around 2:30 P.M. informant and others were at their residence when co-villagers, the 27 accused persons put on trial, came variously armed with lathi , brickbat and stones. Shree Singh, son of Gainu Singh instructed the members of the unlawful assembly that Manjhi men have begun to exert, should be killed, pierced his spear into the belly of Mangal Manjhi. Shree Singh, son of Yodhi Singh assaulted

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Birju Manjhi on his cheek with Gandasa . Nathun Singh assaulted Somari Manjhi with Khanti, the three seriously injured, fell down and became unconscious. The other accused persons assaulted with brick-bat and lathi . The miscreants also assaulted other Manjhi men, entered their houses, took away utensil and other valuables. As per the fardbeyan, the occurrence took place because Harijan Bhawan was raised within the campus of Shiv Temple. According to the fardbeyan, occurrence was witnessed by Sardari Manjhi, Gullu Manjhi, Karu Manjhi, Chamari Manjhi, Ganu Manjhi, Puna Manjhi, Indradeo Manjhi and others. In the fardbeyan the informant assessed the value of the looted articles as Rs. 3,000/-. The fardbeyan was read over to the informant, who found the contents to be correct, put his Left Thumb Impression over the same. Sardari Manjhi also put his Left Thumb Impression over the fardbeyan.

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On the basis of the fardbeyan, the scribe Sub Inspector Chandra Prakash registered Pakari Barama P.S. Case No. 39/91 dated 12.06.1991 under Sections 147, 148, 149, 323, 324,

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307, 504, 338 and 380 of the Penal Code, took up its investigation. From Column No. 1 of the First Information Report it appears that the First Information Report was registered on 12.06.1991 at 19:45 P.M., dispatched from the Police Station on 13.06.1991, received in the court concerned on 17.06.1991. During investigation scribe/Investigating Officer after having referred the five injured to the hospital proceeded to record the further statement of the informant Ganpat Manjhi and the statement of witnesses Sardari Manjhi, Karu Manjhi on 12.06.1991. Statement of injured i.e. Kishun Manjhi was recorded on 14.06.1991, the statement of other two injured i.e. Mangal Manjhi, Birju Manjhi was recorded on 11.10.1991. The statement of eyewitness Gainu Manjhi was also recorded by the Investigating Officer on the same day. During treatment Somari Manjhi died on 18.06.1991 at P.M.C.H. His inquest proceeding was conducted by A.S.I. Rajnath Singh of Pirbahore Police Station and Post Mortem by Dr. Sunil Kumar Singh, Medical Officer, P.M.C.H. Investigating Officer having collected the Injury Report, Inquest Report and Post

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Mortem Report submitted charge-sheet in the light of the police statement, as he found the case true during investigation. After supply of police paper the case was committed to the court of Sessions, charges were framed against the accused persons under order dated 24.04.1992, to which they pleaded not guilty and claimed to be tried.

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In support of the prosecution case, during trial, prosecution examined as many as 19 witnesses. P.W. 6 Ganpat Manjhi is the informant of the case. P.W. 1 Sardari Manjhi, P.W. 15 Karu Manjhi are the two eye-witnesses named in the fardbeyan whose statement has been recorded by the Investigating Officer in support of the occurrence on 12.06.1991. P.W 14, Kishun Manjhi, one of the injured, recorded his police statement on 14.06.1991. Before the statement of the other two injured could be recorded, injured Somari Manjhi succumbed to the injuries on 18.06.1991. Investigating Officer recorded the police statement of the two injured i.e. P.W. 4 Birju Manjhi, P.W. 17 Gainu Manjhi on 11.10.1991. P.W. 3 Shrawan Jha is an Advocate’s Clerk, a formal witness, proved the First Information Report. P.W. 5

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Dwarika Manjhi is father of the deceased Somari Manjhi. P.W. 7 Gullu Manjhi, another eye-witness, whose police statement was recorded on 12.06.1991. P.W. 8 Dr. Binay Kumar Singh examined the five injured including the deceased on the date of occurrence i.e. 12.06.1991. P.W. 9 Rajnath Singh A.S.I., Pirbahore Police Station conducted Inquest proceedings of the deceased at P.M.C.H. P.W. 10 Dr. Sunil Kumar Singh is the autopsy surgeon. P.W. 11 Indradeo Manjhi, P.W. 13 Puna Manjhi and P.W. 16 Bacchu Manjhi have been tendered. P.W. 12 Chamari Manjhi @ Chando is also an eye-witness of the occurrence. P.W. 19 Sub-Inspector Chandra Prakash is the scribe of the fardbeyan, Investigating Officer of the case.

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Trial court having appraised the evidence of the eye-witnesses in the light of the prosecution case, as set out in the fardbeyan, deposed in court, concluded that on the date, time of occurrence the accused persons forming an unlawful assembly came to the house of the Manjhis and as per the instruction of Shree Singh, son of Gainu Singh proceeded to assault the five injured including

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the deceased. The trial court found that Shree Singh, son of Gainu Singh, the order giver, also pierced spear in the stomach of Mangal Manjhi (P.W. 2). Trial court also found that Shree Singh, son of Yodhi Singh inflicted gandasa blow on Birju Manjhi (P.W. 4). Trial court further found that Nathun Singh inflicted single khanti blow in the parietal region of Somari Manjhi who succumbed to the said injury while in treatment at P.M.C.H. after five days of the occurrence on 18.06.1991. The trial court having found the aforesaid specific overt act against the appellants and others held them guilty for the offences noted above, sentenced them accordingly.

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The finding recorded by the trial court in the light of the evidence of P.Ws. 1,4, 6 and 14, the four injured, has been assailed by learned counsel for the appellants on the ground that out of the aforesaid four injured, injured P.Ws. 2, 4 recorded their police statement on 11.10.1991, in view of such delay in recording the police statement, their testimony is perhaps not reliable, if the testimony of these two witnesses is found not reliable, as there is no valid explanation for the delay in recording their police

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statement, this Court may be slow in placing reliance over the evidence of the other two injured eyewitnesses i.e. P.Ws. 6, 14, as P.W. 14 also recorded his police statement on 14.06.1991 after two days without explaining the delay.

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Aforesaid submissions we have noted but it is not worth acceptance in view of categorical evidence of Dr. Binay Kumar Singh, who examined all the five injured including the deceased on the date of occurrence, found the corresponding injury on the person of all the five injured, which matched with the weapon with which the informant, witnesses were assaulted. The injury on the person of the deceased is also corroborated from his Post Mortem Report which has been proved by the autopsy surgeon. In the circumstances, it may not be prudent to accept the submission of the learned counsel for the appellants. The finding that one deceased and four injured were assaulted by the appellants on the date, time and manner of occurrence asserted by the prosecution cannot be interfered with. Learned counsel, then submitted that for the single blow which appellant Nathun Singh inflicted on the person of Somari

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Manjhi with khanti causing his death after five days of the occurrence, can he be convicted for the offence under Section 302 of the Penal Code in view of the nature of injury found on his person by the doctor (P.W. 8) who initially examined him and the autopsy surgeon (P.W. 10), his conviction is required to be altered from Section 302 to 304 Part-II of the Penal Code. We see substance in the submission and alter his conviction from Section 302 I.P.C. to Section 304 Part-II of the Penal Code.

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As we have modified the conviction of appellant Nathun Singh from Section 302 to Section 304 Part-II of the Penal Code, we also modify his sentence from Rigorous Imprisonment for life to period already undergone by him i.e. from the date of his surrender i.e. 27.08.1991 until the date of his release on bail pursuant to the order of this Court dated 12.06.1993 in Cr. Appeal (D.B) No. 38 of 1993, will suffice for his sentence. So far other appellants are concerned, their sentence is also modified holding that period already undergone by Appellants Mangujar Singh, Balak Singh, Sidhi Singh, Gorelal Singh, Ashok Singh, Ballam Singh,

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Shalo Singh from 20.08.1991 to 22.08.1991, appellants Uman Singh, Karu Singh, Rajendra Singh, Suresh Singh, Binod Singh, Jhuna Singh, Uma Singh, Padarath Singh, Arun Singh, Mani Singh from 13.08.1991 to 14.08.1991, appellants Suchit Singh, Arbind Singh, Pramod Singh from 19.06.1991 to 31.07.1991 and appellant Shri Singh, son of Gainu Singh from 28.8.1991 to 11.10.1991 and from 11.12.1992 to 14.01.1993, appellant Shri Singh, son of Yodhi Singh from 28.08.1991 to 23.04.1992 and from 11.12.1992 to 21.01.1993 will suffice for their sentence.

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In the result, appeals are dismissed with modification in conviction and sentence.

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(V.N. Sinha, J)

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(Ahsanuddin Amanullah, J)

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P.K.P./N.A.F.R.

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U T

Ashok Singh and Ors. v. State of Bihar

Case brief

What is this about?

What did the court decide?

Ashok Singh and Ors. v. State of Bihar

Case brief

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What did the court decide?

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