Criminal Appeal (S.J.) No. 692 of 2002
with
Criminal Appeal (S.J.) No. 693 of 2002
---
Against the judgment of conviction and order of sentence dated
28.09.2002 passed by Sri R. K. Srivastava,t Additional Sessions Judge,
F.T.C. III, Bokaro in Sessions Trial No. 247 of 1998.
1. Haradhan Rajwar
2. Tarapad Rajwar
3. Padlochan Rajwar ... ... Appellants
(in Cr. Appeal No. 692 of 2002)
1. Dasu Rajwar
2. Chinivas Rajwar ... ... Appellants
(in Cr. Appeal No. 693 of 2002)
Versus
The State of Jharkhand ... ... Respondent
---
For the Appellants : Mrs. Chaitali C. Sinha, Amicus Curiae
For the Respondent : Mr. P. K. Sahay, A.P.P.
---
PRESENT
HON'BLE MR. JUSTICE R. K. MERATHIA
---
By Court: Both the appeals arises out of common judgment dated
28.09.2002 passed by the learned Additional Sessions Judge, F.T.C.
III, Bokaro in Sessions Trial No. 247 of 1998. Appellants – Dasu
Rajwar and Chinvas Rajwar (in criminal appeal no. 693 of 2002) have
been convicted under Section 307 of I.P.C. and have been sentenced
to undergo R. I. for seven years. They have also been convicted under
Section148 of I.P.C. for which they have been sentenced to undergo R.
I. for one year. Further they have been convicted under Section 324 of
I.P.C. and senteced to undergo R. I. for one year. Sentences were to
run concurrently. Appellants – Haradhan Rajwar, Tarapad Rajwar and
Padlochan Rajwar (in criminal appeal no. 692 of 2002) have been
convicted under Section 147 of I.P.C. and sentenced to undergo R. I.
for one year and they have been further convicted under Section 323
of I.P.C. and sentenced to undergo R. I. for six months. The sentences
were to run concurrently.
2. The proseuction case in short is that on 19.10.1997 at
about 5:30 in the morning all the accused persons assaulted the
informant Tarapad Mahto (P.W. 4) by Lathi, Farsa and Tangi causing
-2-
injury on his person about which he reported to the police on the same
day. Appellant Dasu assaulted him on head by Tangi while appellant
Chinivas assaulted him by Tangi on his back. Appellants Tarapad,
Padam and Haradhan assaulted him by Lathi causing severe head
injuries. Dasu snatched Rs. One thousand from his pocket. Chinivas
picked the Chadar belonging to the informant. After hearing halla, the
elder brother of the informant – Nishakar Mahatha (P. W. 2) came on
the spot. He was also assauled by stone and Lathi and sustained
injuries on his forehead. Villager Magan Tiwari (P.W. 1) and Akinder
Atiwari brought him at house. Though the cause of incident has not
been disclosed in the F.I.R., but P.W. 4 said that there is land dispute
between the informant and his uncle who hired the appellants for
assaulting the informant.
3. Mrs. Chaitali C. Sinha, learned Amicus Curiae appearing
for the appellants assailted the impugned judgments on various
grounds. She submitted that there was only one incised wound on the
head of the informant and all other injuries were not on the vital parts of
the body and were found simple in nature by the doctor including the
injury sustained by Nishakar Mahatha (P.W. 2). She further submitted
that prosecution has tried to improve its case in the evidence. She
lastly submitted that the appellants have suffered this case from the
year 1997 and no useful purpose will be served by sending them to jail
for serving the balance sentence.
4. On the other hand, Mr. P. K. Sahay, learned counsel
appearing for the State supported the impugned judgment and
submitted that the prosecution has proved its case fully against the
appellants; and that the informant and his brother both sustained
multiple injuries on their persons.
5. After hearing the parties and going through the records
carefully, in my opinion, the conviction under Section 307 of I.P.C.
cannot be upheld. One incised injury on the head of the informant was
found said to have been caused by the appellant Dasu by Tangi and
rest of the injuries were found to be simple by the doctor and were on
forearm and legs, though one diffused swelling and fracture on the
posterior part of left leg was also found. On Nishakar (P.W. 2),
lacerated wound on forehead and swelling of right shoulder, left thumb
and left finger were found. The doctor opined these injuries to be
-3-
simple in nature. It further appears that there is a case and counter
case between the parties.
6. Accordingly, the conviction under Section 307 of I.P.C. is
set aside. But the conviction under other sections is upheld.
So far as the sentence is concerned, it appears that Dasu
has remained in jail for about 4 months and Chinivas has remained in
jail for about 3 months. This case relates to the year 1997. No useful
purpose will be served by sending the appellants to jail for serving out
the balance sentence.
7. However, I am inclined to impose fine of Rs. One
thousand each on the appellants to be deposited in the trial court, and
in default of payment thereof, they will undergo S. I. for one month.
The trial court will inform the appellants about this order. From the
date of communication, they will deposit the fine amount within six
weeks. If the fine amount is deposited or the sentence in lieu thereof is
suffered, the appellants will be discharged from their bail bonds. The
trial court will inform the informant who will be at liberty to withdraw the
fine amount, if deposited.
With these alternation and modification in conviction and
sentence, this appeal is partly allowed.
(R. K. Merathia, J.)
Jharkhand High Court at Ranchi
The 20th day of September 2011.
R.Shekhar/NAFR/Cp.3.