Challenging a conviction for attempted murder and assault, the Supreme Court upholds the trial court's finding but commutes the sentence to the period already undergone due to a protracted 27-year trial.
Sentence of appellants reduced to the period already undergone; appellants discharged of liabilities of bail bonds.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.393 of 2013
Arising Out of PS. Case No.-217 Year-1997 Thana- MANJHAGARH District- Gopalganj
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... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Baxi S.R.P. Sinha, Sr. Advocate : Mr. Lokesh Kumar Singh, Advocate For the Respondent/s : Mr. Zeyaul Hoda, APP
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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL JUDGMENT
Date: 02-12-2024
Heard Mr. Baxi S.R.P Sinha, learned Senior
Counsel assisted by Mr. Lokesh Kumar Singh learned counsel for the appellants, and Mr. Zeyual Hoda, learned APP for the State.
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Indian Penal Code and have been sentenced to undergo rigorous imprisonment for 7 years and a fine of Rs. 2,000/- each and in default of payment of fine, they have been imposed simple imprisonment for two months each. All the appellants have further been found guilty for the offence punishable under section 341 of the Indian Penal Code and have been sentenced to undergo simple imprisonment for one month. The sentences have been made to run concurrently and shall be set off towards the period of imprisonment already undergone by the appellants in jail custody.
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The injured sustained serious injury and fell down. On raising hue and cry, the villagers assembled and saved the life of the injured otherwise the accused would have killed his son. Thereafter the informant carried his son to Gopalganj Sadar Hospital where his treatment was done.
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chief stated that he was present at the place of occurrence at the time of the incident. He further stated that he was sowing wheat seeds in his field. During this time, a dispute broke out between Kishnath Sah and Sipahi Lal Sah. When Nirbhay Sah, the informant’s son, attempted to intervene in their dispute, Kishnath Sah allegedly said, “Have you come to arbitrate the matter?” and then ordered others to kill him. Thereafter, Kishnath Sah, Sanjay, and Omprakash restrained Nirbhay Sah, while Anjit stabbed him twice in the abdomen. As a result of the injuries, Nirbhay collapsed and was subsequently carried to the hospital. PW-1 confirmed in Court that he identified the accused present in the Court. He also reiterated during crossexamination that there had been no prior dispute between the appellants and the injured. He further stated that when he arrived at the place of occurrence, Nirbhay had not yet fallen to the ground, and about five other individuals had already gathered at the place of occurrence. He further stated that, according to him, the stabbing was executed from a distance of six inches and he was among those who carried injured to the hospital. He further submits that no first-aid treatment was administered to the injured on the way to the hospital and they
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reached the Sadar Hospital at approximately 10:30 AM., the police arrived there around 12 noon.
chief stated that when Nirbhay Sah went to his field carrying wheat seeds, he intervened in the dispute of Sipahi Lal and Kishnath Sah and Kishnath Sah ordered to kill him. On receiving the order, all the three appellants caught Nirbhay Kumar and the juvenile accused Anjit Kumar stabbed a knife in the stomach of Nirbhay. Thereafter injured was taken to Gopalganj Sadar Hospital where his statement was recorded.
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and Sanjay caught hold of Nirbhay and Juvenile accused Anjit stabbed in the stomach of Nirbhay. When he went to rescue his son then appellant Kishnath Sah (deceased) assaulted him with Lathi and Anjit assaulted him with Knife. He has then stated that due to sustaining injury on abdomen, his son became unconscious and fell down on the earth then the appellants fled away. Thereafter he carried his son to the Gopalganj Sadar Hospital where his treatment was done.
8.(i) PW-3 Ram Lakhan Prasad (informant) in his cross- examination stated that he had no previous dispute with the family of the appellants. He further stated that he was getting the field ploughed by Tractor. The area of that field is about one bigha . He further stated that he was not having any weapon in his hand at the time of occurrence. He has then stated that his son had carried wheat seeds on head in a basket. He further stated that at the time of occurrence, the seeds had not been sown. The occurrence took place and continued up to 20 to 25 minutes and on raising hue and cry the neighboring people rushed there. He has stated that all the three appellants had caught the body of his son from both the hands. He has then stated that the appellants had caught his son in the field of Sipahi Lal. He further stated that the Knife was 6" long and 1"
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wide. He has then stated that both the stabbing was made by the accused in standing position and after sustaining injury his son fell down and thereafter all the appellants fled away. He has then stated that Sipahi Lal, Saheb Lal and Gajendra lifted his son and carried them to hospital on a Cot.
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the Court.
9.(i) PW-4 Nirbhay (injured) in his crossexamination stated that the accused persons are his Pattidar . He has then stated that there was no dispute with the appellants before this incident. He has then stated that his father had gone to the field at about 8 AM, and no dispute had taken place from the appellants for cultivation and for sowing sheeds in his field. He has then stated that there were altogether ten persons assembled at the place of occurrence and none of them quarrelled with the appellants. He further denied any first aid treatment in the way in Village Paithan Patti. He further stated that two of the appellants were grabbing his both hands whereas apapellants Kishnath Sah grabbed his neck from behind.
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Nath Sah have not supported the prosecution case and they have been declared hostile by the prosecution.
1. Sharp cutting wound 2"x1"x muscle deep on right side of lower chest.
2. Sharp cutting penetrating wound 3 1/2"x 1"x abdominal cavity deep in right iliac fossa with protruding gut outside. On laparotomy 3 perforation in small gut, 1 in large gut and in mesocolon with profuse bleeding was found with clots.
He has opined injury no. 1 is simple whereas injury no. 2 grievous and dangerous to life and both the injuries to be caused by sharp cutting penetrating weapon. He further stated the age of injury is to be within two hours i.e., to say he was examined at 10.50 AM, on the date of the occurrence whereas the occurrence is said to have taken place at 10 AM.
12.(i) PW-8 in his cross-examination stated that
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there is difference between danger of life and dangerous to life. He further stated that a penetrating wound may be possible from the Knife like Weapon. He has stated that the small and long intestine and mesocolon was cut in the occurrence on which he did operation and did not refer the patient to some other higher Centre. Further, the Doctor has denied that such injuries are possible by fall on sharp pointed substance.
1. Sharp cutting wound 1/3"x 1/3"X Muscle deep over tip of left ring finger.
The injury is simple caused by sharp cut weapon.
The age of injury has been opined within six hours of the examination which is also being corroborated from the time of examination which is 3:45 PM on 07.12.1997. The Doctor has found one simple injury on the tip of left ring finger of the informant which is also caused by sharp cut Weapon.
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injured Nirbhay. The trial Court found that the prosecution has been able to prove the charges under Sections 341 and 307/34 of Indian Penal Code beyond all reasonable doubts and thus convicted the appellants in the alleged offence.
has confined his arguments and challenging the sentence imposed by the trial Court in its judgment dated 15.05.2013 and order of sentence dated 18.05.2013. He next submits that the prosecution’s case is false and fabricated and the case is filed due to enmity between the appellants and the informant as they had land dispute attributed between the parties. He further submitted that the Investigating Officer of the case has not been examined by the prosecution and any cogent explanation for the same has also not been furnished. Sipahi Sah in whose field the occurrence took place has not been examined during the trial. He further submits that the allegation of assault i.e., the knife blow was on co-accused namely Anjit and no overt act has been alleged against the appellants and there is no allegation of assault against the appellants. It has been contended that the occurrence is of the year 1997 and prosecution has failed to prove its case beyond all reasonable doubts and the appellants are liable to be acquitted from the case.
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convicted by the trial court, however, they were released on bail on 23.05.2013. The appellants in the instant case have faced trial for fifteen years and thereafter for twelve more years in appeal. Thus, undoubtedly the appellants have faced a protracted trial for almost 27 years despite the fact that they were in custody for eight days. From the material on record, it is admitted position that appellant no. 1, i.e. Kishnath Sah has died during the pendency of this appeal and hence the case has been abated against him. Moreover, the accused persons/appellants had only caught hold of the informant and no injury has been proved to be caused by them. There is no disclosure of any injury to the informant in the FIR too.
“in the case of a protracted trial which lasted for more than 29 years and where the petitioner had undergone custody for 18 days, the petitioner had suffered sufficient trauma and undergone persistent agony on account of the same and hence reduced the sentence as already undergone to meet the ends of justice.”
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record and the observation of the Hon’ble Apex Court, it is observed that in the instant case, the appellants have been subjected to a protracted trial which has been going on for almost 27 years. The appellants have struggled for a long time during the trial procedure and the conviction of the appellants is upheld but given the long pendency of the trial and the order suffered by the appellants, it is hereby directed that sentence of the appellants is reduced to the period already undergone and the appellants stand discharged of their liabilities of their bail bonds, if any.
(Ramesh Chand Malviya, J)
| Anand Kr. | |
|---|---|
| AFR/NAFR | NAFR |
| CAV DATE | NA |
| Uploading Date | 04.12.2024 |
| Transmission Date | 04.12.2024 |
3 issues framed by the court
Whether the conviction should be upheld despite challenges regarding the trial's length and lack of disclosure of injuries to the informant.
Whether the appellants are entitled to a reduction of sentence due to a protracted trial lasting almost 27 years.
Whether the appellants stand discharged of liabilities for bail bonds upon release after release on sentence commutation.
Colour shows how this judgement treated each authority
Kamla Prasad v. State of RajasthanExplained¶68
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3 provisions across 2 enactments
Sanjay Kumar and Om Prakash Sah
The State of Bihar
Ramesh Chand Malviya
As recorded by the court registry
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