Criminal Appeal (SJ) No.302 OF 1994
[Appeal against the judgment and order dated
13.7.1994 passed by the 2nd Additional Sessions
Judge, Jamui in Sessions Trial No.144 of 1990]
MUNNA RAWAT, SON OF BANARASI RAWAT, RESIDENT OF
MAHARAJGANJ, P.S. JAMUI, DIST. JAMUI
.......................... Appellant
Versus
THE STATE OF BIHAR ---------------------- Respondent
For the Appellant : Mr. N.K. Agrawal, Senior Advocate
Mr. D.N. Tiwari, Advocate
Mr. Anujit Sinha, Advocate
For the Respondent : Mrs. Madhuri Lata, Addl. P.P.
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PRESENT
THE HON’BLE JUSTICE SMT. ANJANA PRAKASH
Anjana The appellant has been convicted u/s. 307 I.P.C. and
Prakash, J:
sentenced to R.I. for seven years by a judgment 13.7.1994
passed by the 2nd Additional Sessions Judge, Jamui in Sessions
Trial No.144 of 1990.
The prosecution case is that on 3.8.1987 at about 11.15
A.M. when the informant Anil Kumar Keshri was going to the
Bank, suddenly the accused persons surrounded him and
allegedly the appellant gave dagger blow on the informant. On his
cries, P.W.1 and P.W.3 came to the place of occurrence, to
whom the informant gave a hearsay account. After close of
investigation four persons were put on trial, but the Trial Court
acquitted the rest three and convicted the appellant as mentioned
above.
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During trial, the prosecution has examined in all seven
witnesses. Out of whom, P.W.1, P.W.2 and P.W.3 have been
declared hostile, whereas P.W.4 is a hearsay witness and P.W.5
is the informant himself and P.W.6 is the doctor, whereas the
P.W.7 is the Advocate’s Clerk, who proved the case diary and
such police documents.
The defence of the appellant was that there was long
outstanding strained relationship between the appellant and the
informant and he has been implicated on account of such enmity.
The appellant also brought on record the judgment of the earlier
case, which was pending between the parties vide Exhibit A.
Admittedly the entire case rests on the evidence of
P.W.5, the sole witness, with whom the appellant had long
outstanding enmity. It also appears that even though there was
an allegation that all the accused persons had assaulted the
informant, but the major portion of the prosecution case was
disbelieved by the Trial Court and rest of the three accused
persons were acquitted of the charges. The doctor had found two
injuries on the person of the informant, but the depth of injury on
the chest was not measured and, therefore, it is difficult to
conclude that even though the injury was found on the vital part, it
was inflicted with the intention to cause death.
Under the circumstances, the conviction of the appellant
is converted to one u/s.323 I.P.C. and he is sentence to a period
already undergone. However, the appellant (if alive) shall be
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required to pay a fine of Rs.2,000/- as compensation to the
victim/family within eight weeks of receipt of such a notice from
the Trial Court and in absence of which he shall be sentenced to
a period of six months R.I.
With these modifications, the appeal is dismissed.
( Anjana Prakash, J. )
Patna High Court
Dated, 4th April, 2011.
NAFR/ Narendra/