High Court Patna High Court - Orders

Prabhu Singh @ Prabhunath Singh vs The State Of Bihar &Amp; Ors on 27 August, 2010

Patna High Court – Orders
Prabhu Singh @ Prabhunath Singh vs The State Of Bihar &Amp; Ors on 27 August, 2010
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CR. REV. No.249 of 2007
         PRABHU SINGH @ PRABHUNATH SINGH SON OF LATE DEVKI
         SINGH, R/O- VILLAGE ARIAN, P.S.- HISUA, DISTRICT- NAWADA.
                                             Versus
            1. THE STATE OF BIHAR
            2. NAWAL SINGH, SON OF SRI GAYA SINGH
            3. RAJENDRA SINGH, SON OF LATE SITA RAM SINGH
            4. RAMANUJ KUMAR @ RAMANUJ SINGH, SON OF LATE SITA
               RAM SINGH.
            5. NEPALI SINGH, SON OF SRI BILAT SINGH
            6. BILAT SINGH, SON OF LATE HARBANSH SINGH
            7. TUNNI SINGH @ ARBIND KUMAR, S/O- NAWAL SINGH,
               ALL RESIDENTS OF VILLAGE ARIAN, P.S.- HISUA, DISTRICT-
               NAWADA.
               For the petitioner      : Mr. Devendra Prasad Singh, Advocate.
               For the State           : Mr. Jharkhandi Upadhyay, APP
                                           -----------

9 27.08.2010 Heard learned counsel for the petitioner and learned

counsel for the State. No one has appeared on behalf of the

opposite parties in spite of valid service of notice.

Petitioner, who is the informant of the case, which

gave rise to Sessions Case no. 01/94/95/03 of the Court of

learned Addl. Sessions Judge, F.T.C.-V Nawada is aggrieved by

that part of the judgment whereby learned Trial Court after having

found that the accuseds were guilty of having committed offence

punishable under Sections 324, 149 and 341 of Indian Penal

Code, released them in terms of the provisions of Probation of

Offenders Act.

It appears that no substantive punishment was

awarded. It is contended that the accused assaulted the

informant (P.W. 2) and his cousin P.W. 1) by means of sharp

cutting weapons. This was followed by assault by all the accused

persons by means of their respective weapons. This occurrence
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had taken place on the goshala where the informant and his

cousin (P.Ws. 2 and 1 respectively) were present from before.

Referring to paragraph 9 of the order, it is submitted that some of

the injuries sustained by them were on vital parts of body. It

appears that the doctor found as many as 03 injuries on the

person of P.W. 1. Similarly, 04 injuries were found on the person

of the informant (P.W. 2).

Learned counsel submits that the manner in which the

informant (P.W. 2) and his cousin brother (P.W. 1) were

assaulted at the hands of the accused persons, the placement

and the nature of injuries sustained by them, learned trial court

ought to have awarded substantive punishment even though it is

found that they were the first convicts.

This Court on going through the judgment impugned

finds some substance in the submission of learned counsel for

the petitioner. True it is that the Court has to act in its own

discretion in the matter of awarding appropriate punishment for

the charges proved at the trial but the learned court has to keep

in focus the fall out of the order letting off the accused on

execution of bonds without awarding substantive punishment. All

these factors have to be borne in mind by learned trial court while

awarding sentence in terms of provisions of the Code. In my

view, it would be appropriate, if trial court gives a fresh look on

these issue(s).

This Court without expressing any view on the issue
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remands the matter back to learned trial court for its fresh

consideration in so far as awarding of sentence is concerned.

Paragraph 11 of the impugned order dated 20.11.2006 is, hereby

quashed and set aside. The matter is remitted back to the

learned trial court for reconsideration and passing fresh order in

accordance with law.

( Kishore K. Mandal, J. )
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