Allowed

Muren Sharma v. State of Bihar

Patna HC20 Dec 2018CR. APP (SJ)/226/2009

Case brief

AI extract

What is this about?

The High Court examined an appeal against conviction and sentence for culpable homicide. The Court found inconsistencies in prosecution testimony regarding the appellant's direct involvement in the assault, noting he was a non-assailant who handed over a weapon. Consequently, the Court held the appellant was entitled to the benefit of doubt.

What did the court decide?

Judgment of conviction and sentence set aside. Appellant discharged.

Muren Sharma Vs State of Bihar — Murder and Culpable Homicide | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.226 of 2009

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Muren Sharma , son of Late Nebi Das, resident of village-Farauta, P.S. Araria, District-Araria.

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... ... Appellant/s Versus State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Arun Kumar Tripathi-Amicus Curiae For the Respondent/s : Mr. Sujit Kumar Singh-A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL JUDGMENT

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20-12-2018

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None appears on behalf of appellant on account

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thereof, Sri Arun Kumar Tripathi, learned counsel has been requested to assist the Court as an Amicus Curiae.

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Appellant Muren Sharma has been found

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guilty for an offence punishable under Section 307 of the I.P.C. and sentenced to undergo R.I. for three years as well as to pay fine appertaining to Rs.1,000/- and in default thereof, to undergo S.I. for one month, additionally, under Section 341 of the I.P.C. and sentenced to undergo S.I. for one month, under Section 504 of the I.P.C. and sentenced to undergo S.I. for one month with a further direction to run the sentences concurrently vide judgment of conviction and order of sentence dated 06.03.2009 passed by the Additional Sessions Judge, Fast Track Court No.IV, Araria in Sessions Trial No.385 of 1993/ 101 of 2008.

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Md. Nasim (PW-3) got injured, Satya Narayan

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Patna High Court CR. APP (SJ) No.226 of 2009 dt.20-12-2018 2/8

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Sharma (PW-2) admitted at Sadar Hospital, Araria on 03.11.1992 and got his fard-bayan recorded on 04.11.1992 by the police official of Araria Police Station disclosing therein that on preceding evening time at about 7.00 P.M. while he was coming from Pakaria to his house through a passage passing through Darwaza of Satya Narayan Sharma, at that very time, Satya Narayan Sharma was saying to Nebi Das that how you have abused the family members. After his returning from market, he would have complained, whereupon Nebi Das, who was sitting beneath a mango tree, began to abuse. Satya Narayan Sharma came in his bringle field and protested, over which Nebi Das directed his son Muren Sharma to bring lathi, but Muren Sharma brought farsa and handed it over to Nebi Das, who repeatedly assaulted Satya Narayan Sharma causing severe injury over his person. On hue and cry, co-villager Ghughli Sharma and others came, who intervened in the matter and pulled Nebi Das. Then thereafter, he along with Md. Ainul Haque, Shatrughan Sharma and others lifted Satya Narayan Sharma to the hospital where his treatment is going on. Motive for the occurrence has been disclosed as while throwing cowdung at his field, wife and children of Satya Narayan Sharma passed through a ridge of the field of Md. Faiyaz, which has

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Patna High Court CR. APP (SJ) No.226 of 2009 dt.20-12-2018 3/8

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been taken on Batai by Nebi Das. Nebi Sharma forbidden them, which after returning of Satya Narayan Sharma was disclosed by his wife over which Satya Narayan Sharma has gone to inquire from Nebi Das.

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After registration of Araria P. S. Case No.351 of 1992, investigation commenced followed with submission of charge sheet facilitating the trial, meeting with the ultimate result, subject matter of instant appeal. It is evident from the L.C. Record that during course of trial, main accused Nebi Das expired, whereupon proceeding found dropped against him.

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Defence case, as is evident from mode of cross-examination as well as statement recorded under Section 313 of the Cr.P.C. is that of complete denial. It has also been pleaded that Satya Narayan Sharma after having been armed with Dabiya attacked upon Nebi Das, who in order to save himself grapled with Satya Narayan Sharma and during course of scuffle, Satya Narayan Sharma sustained self-inflicted injury. Furthermore, one DW has also been examined in support thereof.

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Altogether six PWs have been examined on behalf of prosecution in order to substantiate its case, who are PW-1, Urmila Devi, PW-2, Sat Narayan Sharma, PW-3, Nasim,

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Patna High Court CR. APP (SJ) No.226 of 2009 dt.20-12-2018 4/8

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PW-4 Ghugali Sharma, PW-5, Dr. Rakesh Kumar Pandey and PW-6, Baij Nath Jha. Side by side, has also been exhibited, Exhibit-1, injury report and Exhibit-2, F.I.R. In likewise manner, one Defence witness, DW-1, Md. Naseem, son of Late Sk. Hamidul of different village has been examined at the end of the appellant/ accused.

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Learned Amicus Curiae after critically analyzing the evidence available on the record has submitted that the finding recorded by the learned lower Court is not at all sustainable in the eye of law as well as on facts. In order to substantiate the same, it has been submitted that I.O. has not been examined. On account of non-examination of I.O., the prosecution version, whatever been during course of trial deflecting from the initial version as well as the improper conduct of the prosecution witnesses could not properly been brought up on record causing serious prejudice to the appellant. That being so, the judgment impugned would not survive.

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Apart from this, it has also been submitted that informant (PW-3) had claimed to be an eye witness to occurrence. At an initial stage, there happens to be no presence of appellant at the P.O., which subsequently been introduced and being material exaggeration, the ultimate beneficiary would be

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Patna High Court CR. APP (SJ) No.226 of 2009 dt.20-12-2018 5/8

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the appellant, whereupon the learned lower Court ought to have acquitted instead of convicting and sentencing. So, submitted that judgment of conviction and sentence is not at all maintainable.

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On the other hand, learned Additional Public Prosecutor while supporting the finding has submitted that though at an initial stage, the status of appellant was duly acknowledgeable in accordance with Section 109 of the Cr.P.C. being a abettor on account of providing farsa to the main accused Nebi Das (since deceased), but aforesaid initial version was at the end of Md. Naseem (PW-3). PW-1 and PW-2 have identified the appellant having his direct involvement during course of commission of the crime whereunder he caught hold PW-2, the injured facilitating Nebi Das to assault and that being so, would have been convicted under Section 307/34 of the I.P.C., but the finding so recorded by the learned lower Court is curable in accordance with Section 464 of the Cr.P.C. However, Section 504 I.P.C. is not at all attracted against the appellant. That being so, the judgment impugned is fit to be confirmed, subject to Section 504 I.P.C.

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From perusal of the evidences available on the record, it is evident that appellant is not an assailant of the

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Patna High Court CR. APP (SJ) No.226 of 2009 dt.20-12-2018 6/8

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PW-2. As such evidence of PW-5, who had examined the PW-3 is being escaped in detail, save and except that PW-2 had sustained injury caused by sharp cutting weapon, grievous in nature. During course of cross-examination, the finding is found intact. Assailant happens to be father of the appellant namely Nebi Das (dead). It is further evident that the informant Md. Nasim (PW-3) during course of recording fard-bayan had asserted that as directed by Nebi Das, appellant had handed over the farsa without his indulgence subsequently, whereunder as alleged, PW-3 was assaulted. During course of examination as PW-3, he stood by the same.

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PW-1, wife of the injured has asserted by twisting the earlier version during her examination-in-chief. She has not deposed that on a direction of Nebi Das, appellant Muren Sharma brought farsa and handed it over to Nebi Das, contrary to prosecution version as well as version of informant (PW-3). Conflicting thereof, it has stated that after an altercation, Muren Sharma came at bringle field and caught hold her husband and then thereafter, Nebi Das assaulted. On that very score, there happens to be no cross-examination. PW-2 is the injured, who at the relevant juncture has stated that during course of an altercation, Nebi Das directed Muren Sharma to

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Patna High Court CR. APP (SJ) No.226 of 2009 dt.20-12-2018 7/8

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bring lathi, who brought farsa and then, Nebi Das inflicted farsa blow over him. He had made repeated blow causing injuries over his both hands while warding off the blows. It has further been narrated by him that at that very time, Muren Sharma was behind him in order to obstruct him during escape. Again that part of examination-in-chief has not been tested. PW-4 has been declared hostile as failed to support the case of the prosecution, is the doctor, who had found injuries over the person of PW-2 by sharp cutting weapon. With regard to appellant, has got no relevance. PW-6 is formal in nature.

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Considering the nature of the evidence as discussed hereinabove, it is evident that in spite of presence of grievous sharp cut injury over the person of PW-2, allegedly authored by Nebi Das (deceased) and for that, there happens to be consistency, so far appellant is concerned, apart from being non-assailant his presence at the place of occurrence, during examination-in-chief alone has been contradicted by the witnesses amongst themselves, whereupon appellant is found entitled for benefit of doubt. That being so, the judgment of conviction and sentence recorded by the learned lower Court is hereby set aside. Appeal is allowed. Appellant is on bail, hence is discharged from its liability. The first and last page of the

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Patna High Court CR. APP (SJ) No.226 of 2009 dt.20-12-2018 8/8

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judgment be handed over to the learned Amicus Curiae for the needful.

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(Aditya Kumar Trivedi, J)

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Vikash/-

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AFR/NAFR	A.F.R.
CAV DATE	N.A.
Uploading Date	26.12.2018
Transmission Date	26.12.2018

Muren Sharma v. State of Bihar

Case brief

What is this about?

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Muren Sharma v. State of Bihar

Case brief

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