Patna High Court - Orders
Shri Bhagwan Singh vs The State Of Bihar on 24 August, 2023
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.49 of 2022
Arising Out of PS. Case No.-584 Year-2018 Thana- BIKRAMGANJ District- Rohtas
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1. Shri Bhagwan Singh, male, aged about 60 years, Son of Late Ramashish
Singh, Resident of Village - Rauni, P.S. - Bikramganj, District - Rohtas.
2. Hazari Singh, male, aged about 35 years, Son of Late Ramashish Singh,
Resident of Village - Rauni, P.S. - Bikramganj, District - Rohtas.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Krishna Pd. Singh, Sr. Adv.
For the Informant : Mr. Raghunandan Kr. Singh, Adv.
Ms. Riya Singh, Adv.
For the State : Mr. D.K. Sinha, APP
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
14 24-08-2023We have heard Shri Krishna Prasad Singh, the learned Senior Advocate for the appellants and Mr. Raghunandan Kumar Singh, the learned Advocate for the informant.
Patna High Court CR. APP (DB) No.49 of 2022(14) dt.24-08-2023 2/7
2. The State is represented by Mr. Dilip Kumar Sinha, the learned APP.
3. Mr. Sinha has submitted that though necessary instructions have been sent to the prosecution department for sending the written objection but till date, the same has not been filed.
4. Be that as it may, since the informant has already appeared in this case to oppose the prayer for suspension of sentence, we have proceeded in this matter.
5. Both the appellants have been convicted under Sections 302/34, 307, 323, 324, 325 and 341 of the I.P.C. vide judgment of conviction dated 18.11.2021 passed by the learned 9th Addl. Sessions Judge, Rohtas in connection with Sessions Trial No. 280 of 2019, arising out of Bikramganj P.S. Case No. 584 of 2018. The appellant No. 2/Hazari Singh has additionally been convicted under Section 27(1) of the Arms Act. By order dated 22.11.2021, both the appellants have been Patna High Court CR. APP (DB) No.49 of 2022(14) dt.24-08-2023 3/7 sentenced to undergo imprisonment for life, to pay a fine of Rs. 20,000/- each and in default of payment of fine, to further suffer imprisonment for three months for the offence under Section 302/34 of the I.P.C.; to undego R.I. for ten years, to pay a fine of Rs. 10,000/- each and in default of payment of fine, to further suffer imprisonment for three months for the offence under Section 307 of the I.P.C.; to undergo imprisonment for six months for the offence under Section 323 of the I.P.C.; to undergo imprisonment for two years for the offence under Section 324 of the I.P.C. and to undergo imprisonment for four years, to pay a fine of Rs. 1,000/- each and in default of payment of fine, to further suffer imprisonment for one month for the offence under Section 325 of the I.P.C. The appellant No. 2/Hazari Singh has also been sentenced to undergo imprisonment for three years, to pay a fine of Rs. 1,000/- and in default of payment of fine, he has further been sentenced to undergo imprisonment for one month. All Patna High Court CR. APP (DB) No.49 of 2022(14) dt.24-08-2023 4/7 the sentences have been ordered to run concurrently.
6. According to the fardebeyan of PW-5, who is the son of the deceased, the occurrence took place on 25.12.2018 in the evening hours. Both the appellants were heard by the deceased shouting expletives, though not particularly directed towards any person. When the deceased, who is the father of PW-5 wanted to know the reason for all this, the appellants are said to have challenged that they shall carve out a drain on their land and nobody shall object to it. A dispute actually ensued when persons from the side of the prosecution tried to pacify the appellants, but other relatives of the appellants arrived in the meanwhile and started assaulting the members of the prosecution party by lathi etc. In the meantime, appellant No. 2/Hazari Singh exhorted appellant No. 1 to kill one person so that no challenge is thrown later. On such exhortation, appellant No. 1 is said to have brought a country made fire-arm weapon from his house and handed it over to appellant Patna High Court CR. APP (DB) No.49 of 2022(14) dt.24-08-2023 5/7 No. 2, who fired it, causing injuries and death of the father of the informant. One of the witnesses, namely, Vijendra Singh (PW-4) was also injured by a gunshot, but who was the author of such injury was not known.
7. The learned counsel for the appellants has drawn the attention of this Court to the deposition of PW-5, who has categorically asserted that the parties did not have any bad relation between them. It was only fortuitous that on a petty dispute of carving out a drain in the land, for the first time, a fight had taken place and accidentally, the father of the informant had died. Even assuming that firing was resorted to by appellant No. 2, the circumstances, it has been argued, reveal that there was no intention of killing the deceased.
8. This Court has also been informed that the other accused persons, who are alleged to have assaulted other injured persons, have faced trial separately.
9. The appellant No. 1 has all along been on Patna High Court CR. APP (DB) No.49 of 2022(14) dt.24-08-2023 6/7 bail during the period of investigation and after the conviction, he has been in custody for about two years.
10. Mr. Krishna Prasad Singh, the learned Senior Advocate, however, does not press, for the present, the suspension of sentence of appellant No.
2./Hazari Singh.
11. Regard being had to afore-noted facts, we are inclined to suspend the sentence of appellant No. 1/Shri Bhagwan Singh and we order accordingly.
12. The appellant No. 1/Shri Bhagwan Singh is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 9 th Additional Sessions Judge, Rohtas, in connection with Sessions Trial No. 280 of 2019, arising out of Bikramganj P.S Case No. 584 of 2018.
13. The prayer for suspension of sentence of appellant No. 2/Hazari Singh is disposed off as not Patna High Court CR. APP (DB) No.49 of 2022(14) dt.24-08-2023 7/7 pressed for present.
(Ashutosh Kumar, J)
(Alok Kumar Pandey, J)
Mayank/PraveenII
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