High Court Patna High Court

Munna Rawat vs State Of Bihar on 4 April, 2011

Patna High Court
Munna Rawat vs State Of Bihar on 4 April, 2011
Author: Smt. Anjana Prakash
                         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.
                                               ---------

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/