Appeal against conviction under Sections 341, 323, 325 IPC for assaulting an informant over a land dispute, with release under probation. The High Court found the ocular evidence corroborated by medical report and upheld the conviction, dismissing the appeal.
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.457 of 2007
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Gudar Mandal, son of Late Adhar Mandal, resident of Village-Lakhitola Garh Banali, P.S.-Kaswa, District-Purnea
... ... Appellant/s Versus The State Of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Vipul Sinha (Amicus Curiae) For the Respondent/s : Mr. A.M.P Mehta, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL JUDGMENT Date : 08-07-2024
Heard Mr. Vipul Sinha, learned Amicus Curiae
and Mr. Abhay Kumar, learned A.P.P for the State.
the judgment of conviction and order of sentence dated 17.04.2007 passed by the learned Additional Sessions Judge, F.T.C-VII, Purnea in connection with Sessions Trial No. 634 of 2004/T.R. No. 141/2006, arising out of Kaswa Case No. 49 of 2003, whereby and whereunder, though the appellant was found guilty and convicted for the offence punishable under Sections 341, 323, 325 of
the Indian Penal Code but he had been released under Section 4 of the Probation of Offenders Act, keeping in
Patna High Court CR. APP (SJ) No.457 of 2007 dt.08-07-2024 2/9
view the old age and the fact that appellant is not habitual offender and it was the first offence committed by him and on his furnishing bond of Rs. 5000/- with his undertaking that he shall maintain peace and good behavior for a period of one year.
Patna High Court CR. APP (SJ) No.457 of 2007 dt.08-07-2024 3/9
blow, he was obstructed by an unknown truck driver. It is also alleged that the appellant and his son also assaulted the informant with lathi, as a result of which, he stained fracture injury on his right hand. When the wife of the informant came to his rescue, she too was assaulted by the appellant Gudar Mandal, his wife and son Narayan Mandai. The occurrence is said to have been witnessed by so many persons.
the informant, Kasba P.S. Case No. 49 of 2003 was registered against the appellant and after completion of the investigation, charge-sheet was submitted and thereafter cognizance was taken and the case was committed to the Court of Sessions for trial.
witnesses were examined on behalf of the prosecution.
the case and one of the injured. He has deposed in his examination-in-chief that at the relevant time, while he
Patna High Court CR. APP (SJ) No.457 of 2007 dt.08-07-2024 4/9
was going to market, wife and son of the appellant Gudar Mandal dragged him from the road and assaulted
him with Farsa on his head. On hulla, his family members reached there. They also sustained injury at the hands of the informant. Thereafter, the informant was taken to the hospital for treatment. According to him, the cause of incident is land dispute.
of the informant. She has deposed in her examinationin-chief that her husband was assaulted at the hands of the accused while he was going to market. This witness also alleged that accused/appellant also assaulted her. She too has admitted that there is land dispute between her husband and the appellant. She has denied the defence suggestion that this case has been filed only with a view to grab the land of the accused.
of the case. He has proved the formal F.I.R., which has been marked as Ext-1. According to him, his
Patna High Court CR. APP (SJ) No.457 of 2007 dt.08-07-2024 5/9
predecessor, (I.O of the case) had visited the P.O. and recorded the evidence of the prosecution witnesses and he after perusing the case diary, submitted charge-sheet against the appellant/Gudar Mandal Under Sections 341,323,325,307/34 of the Indian Penal Code.
persons.
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examined the injured/informant on 18.04.2003 at
Primary Health Centre Kasba. He has found the following
injuries on the person of the informant Kapildeo Pandit
(P.W. 1).
1. Lacerated wound on head left side measuring 2" x 1/6"x1/8"
2.Swelling right forearm
3.Swelling measuring 2"x1" right foot.
no.1 was simple in nature caused by hard and blunt substance and injury nos. 2 & 3 were grievous in nature,
caused by hard and blunt substance such as lathi. He
has also the deposed that the two X 'ray plate attached with the medical report shows the fracture injury. He has proved the injury report which has been marked as Ext-
and has proved the fardbeyan which has been marked as
Ext-3.
Patna High Court CR. APP (SJ) No.457 of 2007 dt.08-07-2024 7/9
defence of the appellant has submitted that appellant is innocent and he has falsely been implicated in this case. There was previous land dispute between the parties and in order to grab the landed property, this false case has been instituted against the appellant. During the course of trial, one Shyamlal Mehta was examined on behalf of the defence who has proved two rent receipts standing in the name of the appellant bearing Khata No. 63, Khesra no. 79 which has been marked as Ext-A and ExtA/I respectively. The witnesses have not specifically taken the name of the appellant as the only assailant, rather they also named the son and wife of the appellant. Moreover, all the material P.W.s are closely related to the informant and are highly interested, hence, it is not safe to put reliance on their evidences. Learned Amicus Curiae further contended that in this case, the Investigating Officer who has investigated the case, has not been examined. Hence, in the absence of
Patna High Court CR. APP (SJ) No.457 of 2007 dt.08-07-2024 8/9
examination of the Investigating Officer, the place of occurrence was not proved.
Hence, the allegation against the appellants under Sections 341, 323 and 325 are fit to be proved.
the order impugned. No fault could be found with the
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judgment of the trial court in convicting the appellants under Sections 341, 323 and 325 of the Indian Penal
Code. The conviction of the appellant under Sections 323, 341, 325 of the Indian Penal Code is therefore sustained and upheld.
(Sunil Kumar Panwar, J)
Shageer/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 11/07/2024 |
| Transmission Date | 11/07/2024 |
1 issue framed by the court
Whether the conviction of the appellant under Sections 341, 323 and 325 IPC based on related eyewitnesses and medical evidence was sustainable.
2 provisions across 2 enactments
Gudar Mandal
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
