{"id":33017,"date":"2009-12-21T00:00:00","date_gmt":"2009-12-20T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/dhananjay-singh-vs-state-of-jharkhand-on-21-december-2009"},"modified":"2017-02-16T20:39:15","modified_gmt":"2017-02-16T15:09:15","slug":"dhananjay-singh-vs-state-of-jharkhand-on-21-december-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/dhananjay-singh-vs-state-of-jharkhand-on-21-december-2009","title":{"rendered":"Dhananjay Singh vs State Of Jharkhand on 21 December, 2009"},"content":{"rendered":"<div class=\"docsource_main\">Jharkhand High Court<\/div>\n<div class=\"doc_title\">Dhananjay Singh vs State Of Jharkhand on 21 December, 2009<\/div>\n<pre>                                   Cr. Appeal No. 226 of 2002\n                                          ----------\nAgainst the judgment dated 22.5.2002 and order of conviction dated 23.5.2002\npassed by Sri Rajeev Kumar, Vth Additional Sessions Judge, Palamau at\nDaltonganj in Sessions Trial No. 11 of 1999.\n\nDhananjay Singh.......................................Appellant\n                    -Versus-\nThe State of Jharkhand    ...... Opposite party.\n                                          --\n\n             For the Appellant : M\/s.V. P. Singh, Sr. Advocate\n                                     Ashok Kumar Sinha &amp;\n                                     Ashish Kumar Shekhar, Advocates.\n             For the State     : Mr. Ravi Prakash, APP\n\n                               PRESENT\n                      HON'BLE MR. JUSTICE PRADEEP KUMAR\nRESERVED ON 9.10.2009                 PRONOUNCED ON 21\/12\/2009\n\n\nPradeep Kumar,J,           This appeal is directed against the judgment dated\n      22.5.2002<\/pre>\n<p> and order of conviction dated 23.5.2002 passed by Sri Rajeev<br \/>\n      Kumar, Vth Additional Sessions Judge, Palamau at Daltonganj in Sessions<br \/>\n      Trial No. 11 of 1999, by which judgment he found the appellant, Dhananjay<br \/>\n      Singh guilty under Section 304 of the Indian Penal Code read with Section<br \/>\n      27 of the Arms Act and convicted him thereunder and sentenced him to<br \/>\n      undergo R.I. for 3 years under Section 304 of the Indian Penal Code and<br \/>\n      further sentenced him to undergo R.I. for 3 years and a fine of Rs. 5,000\/-<br \/>\n      and in default to undergo R.I. for 6 months under Section 27 of the Arms<br \/>\n      Act. However, he directed both the sentences shall run concurrently.\n<\/p>\n<p>      2.            It is submitted by the learned counsel for the appellant that<br \/>\n      the appellant has falsely been implicated in this case. He has further<br \/>\n      submitted that although the F.I.R. was lodged on 22.5.1997, but the same<br \/>\n      was sent to the Chief Judicial Magistrate on 23.5.1997 and hence there is a<br \/>\n      delay in sending the F.I.R. which creates doubt in the prosecution case<br \/>\n      itself. He has further submitted that there is only two eye witnesses of the<br \/>\n      occurrence i.e. P.W.1, Suresh Ram and P.W.6, Rajdeo Singh (informant)<br \/>\n      and others came after the occurrence and only they saw the dead body of<br \/>\n      the deceased even presence of P.W.6, the informant at the place of<br \/>\n      occurrence is doubtful and hence the finding of conviction is bad in law and<br \/>\n      fit to be set aside. Lastly he has argued that it is a case of accidental firing<br \/>\n      and as such at best the appellant should be found guilty only under Section<br \/>\n      304(II) of the Indian Penal Code and not under Section 304 of the Indian<br \/>\n      Penal Code.\n<\/p>\n<p><span class=\"hidden_text\">                                           -2-<\/span><\/p>\n<p>3.            On the other hand, learned counsel for the State has opposed<br \/>\nthe prayer and submitted that there is no delay in sending the F.I.R. It will<br \/>\nappear from the F.I.R. itself that the F.I.R. was registered on 21.5.1997 and<br \/>\nformal F.I.R. was drawn at 5.30 A.M. in the afternoon. Thereafter, the same<br \/>\nwas sent on 22.5.1997 to the Court of Chief Judicial Magistrate, Palamau at<br \/>\nDaltonganj since Daltonganj is at far distance from Haidernagar Police<br \/>\nStation hence, the same was seen by Chief Judicial Magistrate on 23.5.1997<br \/>\nalthough it reached at Daltonganj Court on 22.5.1997 itself and hence there<br \/>\nis no delay which can create undoubt. He has further submitted that the<br \/>\nevidence of eye witnesses clearly proved that the appellant caused the death<br \/>\nof the deceased knowingly as the gun fire injury was caused on the chest<br \/>\nhence the conviction under Section 304 of the Indian Penal Code read with<br \/>\nSection 25 of the Arms Act is well founded and requires no interference by<br \/>\nthis Court.\n<\/p>\n<p>4.            After hearing both the parties and going through the record, I<br \/>\nfind that in order to prove the charges the prosecution has examined 13<br \/>\nwitnesses. P.W.1, Suresh Ram is an eye witness, P.W.2, Anirudh Singh, he<br \/>\ncame after the occurrence, P.W.3, Jag Narayan Singh is witness of seizure<br \/>\nof blood at the place of occurrence, P.W.4, Ram Prasad Singh he came after<br \/>\nthe occurrence, P.W.5, Baikunth Singh he saw the dead body, P.W. 6, Raj<br \/>\nDeo Singh, the informant is an eye witness, P.W.7, Nanku Mahto reached<br \/>\non the next day of the occurrence, P.W.8, Jamni Mahto, who has been<br \/>\ndeclared hostile, P.W.9, Dr. Rajeshwar Singh, who proved the postmortem<br \/>\nreport, P.W.10, Faugni Mahto, he came to know about the occurrence after<br \/>\nhe came to the village, P.W.11, Kail Saw, who has been declared hostile,<br \/>\nP.W.12, Satya Devi wife of P.W.1, Suresh Ram and P.W.13, Bhola Singh<br \/>\nwho saw the dead body of the deceased.\n<\/p>\n<p>5.            Thus, the main witnesses for consideration are P.W.1, P.W.6,<br \/>\nP.W.9 (Doctor) and P.W.12 wife of P.W.1.\n<\/p>\n<p>              The main witness P.W.1 stated in Court that on the date of<br \/>\noccurrence he was sitting on the door of his house when Hari Singh and<br \/>\nDhananjay Singh came to his door and sat down on the Chauki, which was<br \/>\nlying in his Varandah. Thereafter, Hari Singh asked him to bring water<br \/>\nwhen he came out with a glass of water then he saw that both Hari Singh<br \/>\nand Dhananjay Singh are having entered hot dialogue. Thereafter, suddenly<br \/>\nDhananjay Singh brought out a pistol and put it on the chest of Hari Singh<br \/>\nSingh whereupon Hari Singh said that whether he wants to kill him.\n<\/p>\n<p><span class=\"hidden_text\">                                    -3-<\/span><\/p>\n<p>Thereafter Dhananjay Singh while continuing hot dialogue and suddenly<br \/>\nfired from the pistol causing injury on the chest of deceased, Hari Singh<br \/>\nand he fell down then, he started making Hullah. On his Hullah Rajdeo<br \/>\nSingh father of the deceased came and thereafter Anuj Singh, Bhola Singh<br \/>\nand other also came and the deceased died on the spot.\n<\/p>\n<p>              In his cross-examination, he stated that in his basti about<br \/>\npeople of 60 castes lived. He further stated that the house of Rajdeo Singh<br \/>\nfather of the deceased is in the middle of the village and from his house it is<br \/>\nat distance of 500 yard. He further stated that he had given evidence under<br \/>\nSection 164 Cr. P. C. also and he had not stated in his 164 Cr. P. C.<br \/>\nstatement that after the occurrence of firing by Dhananjay Singh he ran<br \/>\naway towards the house of Hari Singh and then his father came. In para 13<br \/>\nhe had not stated in his evidence that the deceased Hira Singh was<br \/>\ndismissed from police service and thereafter he was not doing any work and<br \/>\nused to drink wine and roam about here and there and was bad character. In<br \/>\npara 14 he stated that the accused, Dhananjay Singh is a good looking tall<br \/>\nman and at the time of occurrence he was looking like a young boy. He also<br \/>\nadmitted in para 16 that at the time of occurrence in his house his wife and<br \/>\nchildren were present. In para 18 he also admitted that when he came out of<br \/>\nhis house he found Dhananjay Singh at a distance of about 25 steps from<br \/>\nHari Singh. He also stated that his statement was recorded after 15 days of<br \/>\nthe occurrence by the police.\n<\/p>\n<p>              The next important witness is P.W.6 Raj Deo Singh, the<br \/>\ninformant he fully supported the prosecution case and stated that the<br \/>\ndeceased Hari Singh was his son and he was killed on the door of Suresh<br \/>\nRam by accused Dhananjay Singh by firing. He stated that while searching<br \/>\nfor his son, Hari Singh, when he came near the house of Suresh Ram then<br \/>\nhe saw that Dhananjay Singh is having hot dialogue with his son, Hari<br \/>\nSingh and suddenly he fired upon him, whereupon, he fell down. The<br \/>\nInvestigating Officer came at the place of occurrence his statement was<br \/>\nrecorded. He stated that the statement was read over then he put his L.T.I.<br \/>\non the same. He identified the accused in Court. He further stated that after<br \/>\nthe occurrence the witnesses, Bhola Singh and Jitendra Singh came at the<br \/>\nplace of occurrence. Then, he told about the occurrence to them. In his<br \/>\ncross-examination, at para 8 he stated that when he reached near the house<br \/>\nof Suresh Ram then he saw that Suresh Ram was standing there and at<br \/>\nsome distance the accused, Dhananjay Singh and his son (deceased) were<br \/>\n<span class=\"hidden_text\">                                     -4-<\/span><br \/>\nthere. After he reached then only one firing was done by Dhananjay Singh<br \/>\nthereafter his son fell down then he had also fallen down on the body of his<br \/>\nson and became unconscious and there was blood stained in his cloth also.<br \/>\nIn para 15 he further stated that he had shown the blood stained to the<br \/>\nDaroga also.\n<\/p>\n<p>               The third important witness to consider is doctor (P.W.9). He<br \/>\nstated on 22.5.97 I was posted at sadar hospital at Daltonganj, who<br \/>\nexamined the deceased, Hari Singh on his body. He found lacerated wound<br \/>\non the chest of size \u00bd&#8221; x \u00bc&#8221; x chest cavity deep with blackening and<br \/>\ntattooing both skin and around the wound ( wound of entry).\n<\/p>\n<p>               In the opinion of the doctor the deceased died due to shock<br \/>\nand hemorrhage caused by injury no. 1 by fire arm.\n<\/p>\n<p>               P.W.12, Satya Devi wife of P.W.1, Suresh Ram. She stated in<br \/>\nCourt that on the date of occurrence she was in her house cooking food<br \/>\nwhen she heard sound of firing she came out and saw the deceased, Hari<br \/>\nSingh lying down at her door with fire arm injury and nobody was present<br \/>\nthere. She was declared hostile. She denied that she had stated to the police<br \/>\nthat when she came out of the house she saw the accused Dhananjay Singh<br \/>\nrunning away from the place of occurrence and he had fired upon Hari<br \/>\nSingh.\n<\/p>\n<p>6.             Thus all the other witnesses, namely, P.W.2, Anirudh Singh<br \/>\nstated that he came after the occurrence and he was informed about the<br \/>\noccurrence by Suresh Ram and his wife. P.W.3, Jag Narayan Singh also<br \/>\nstated that he came after the occurrence and he was informed about the<br \/>\noccurrence by Suresh Ram and his wife. P.W.4, Ram Prasad Singh also<br \/>\nstated that he was informed by Suresh Ram that Dhananjay Singh caused<br \/>\nthe death of Hira Singh and ran away. He denied, in his cross-examination,<br \/>\nin para 10 that he was informed by Suresh Ram that at the time of<br \/>\noccurrence Hari Singh was drunken and was making jokes. The accused<br \/>\nDhananjay Singh and other witness are all hearsay witnesses.\n<\/p>\n<p>7.             Thus, after considering all the evidences as discussed above, I<br \/>\nfind that there is no doubt that there was no enmity between the accused,<br \/>\nDhananjay Singh and the deceased, Hari Singh. They came to the house of<br \/>\nSuresh Ram ( P.W.1) and peacefully sat on the chauki in front of his house<br \/>\nand they asked for water and when Suresh Ram went inside his house. On<br \/>\nsome point they started quarreling with each other verbally and when<br \/>\nP.W.1, Suresh Ram came out he saw that they are engaged in verbal<br \/>\n<span class=\"hidden_text\">                                     -5-<\/span><br \/>\n      dialogue and suddenly the accused, Dhananjay Singh brought out a pistol<br \/>\n      and aimed the deceased who asked him not to do it, otherwise he may die,<br \/>\n      but during dialogue it appears that suddenly firing took place causing the<br \/>\n      death of the deceased. The defence has tried to bring into the evidence that<br \/>\n      the deceased Hari Singh was dismissed from his police service and used to<br \/>\n      roam about the village in drunken condition and on that day also he had<br \/>\n      come with the accused, Dhananjay Singh in that condition and due to<br \/>\n      influence of liquor he must said something, due to which Dhananjay Singh<br \/>\n      during hot discussion took out his pistol and suddenly firing took place,<br \/>\n      which shows that it was an accidental fire.\n<\/p>\n<p>      8.             In that view of the matter, conviction of the appellant under<br \/>\n      Section 304 of the Indian Penal Code read with Section 27 of the Arms Act<br \/>\n      is too harsh. The conviction of the appellant is altered to that of Section<br \/>\n      304(II) of the Indian Penal Code and he is sentenced to the period already<br \/>\n      undergone by him in custody during trial.\n<\/p>\n<p>      9.            It is submitted by the learned counsel for the appellant that<br \/>\n      the appellant has remained in custody for more than 6 months and has<br \/>\n      sufficiently been punished.\n<\/p>\n<p>      10.           With the aforesaid alteration in the conviction and sentence<br \/>\n      the appeal is allowed in part.<\/p>\n<pre>\n\n\n                                                      [ Pradeep Kumar,J]\nJharkhand High Court, Ranchi\nThe    21 \/12 \/2009\nJk\/NAFR\n <\/pre>\n","protected":false},"excerpt":{"rendered":"<p>Jharkhand High Court Dhananjay Singh vs State Of Jharkhand on 21 December, 2009 Cr. Appeal No. 226 of 2002 &#8212;&#8212;&#8212;- Against the judgment dated 22.5.2002 and order of conviction dated 23.5.2002 passed by Sri Rajeev Kumar, Vth Additional Sessions Judge, Palamau at Daltonganj in Sessions Trial No. 11 of 1999. Dhananjay Singh&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;Appellant -Versus- The State [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,18],"tags":[],"class_list":["post-33017","post","type-post","status-publish","format-standard","hentry","category-high-court","category-jharkhand-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Dhananjay Singh vs State Of Jharkhand on 21 December, 2009 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/dhananjay-singh-vs-state-of-jharkhand-on-21-december-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Dhananjay Singh vs State Of Jharkhand on 21 December, 2009 - Free Judgements of Supreme Court &amp; 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