Patna High Court - Orders
Arjun Mandal vs The State Of Bihar on 19 September, 2023
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.217 of 2023
Arising Out of PS. Case No.-265 Year-2019 Thana- KATIHAR NAGAR District- Katihar
======================================================
Kusma Mandal Son of Kavi Lash Mandal Resident of Village - Banshinagar,
Baigna, P.S.- Nagar (Katihar), District - Katihar.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (DB) No. 234 of 2023
Arising Out of PS. Case No.-265 Year-2019 Thana- KATIHAR NAGAR District- Katihar
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Arjun Mandal S/O Late Saidu Mandal R/O Village- Bansinagar Baigna, P.S-
Nagar, Distt.- Katihar.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (DB) No. 310 of 2023
Arising Out of PS. Case No.-265 Year-2019 Thana- KATIHAR NAGAR District- Katihar
======================================================
Pawan Singh Son Of Late Satya Narayan Singh Resident Of Village-
Bansinagar Baigna, Ps- Nagar, Distt- Katihar
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (DB) No. 217 of 2023)
For the Appellant/s : Mr. Rajesh Kumar Singh, Sr. Advocate
Mr. Manish Kumar Singh, Advocate
Ms. Akrity Aishwarya, Advocate
For the Respondent/s : Mr. Satya Narayan Prasad, APP
(In CRIMINAL APPEAL (DB) No. 234 of 2023)
For the Appellant/s : Mr. Rajesh Kumar Singh, Sr. Advocate
Mr. Manish Kumar Singh, Advocate
Ms. Akrity Aishwarya, Advocate
For the Respondent/s : Ms. Km. Shashi Bala Verma, APP
(In CRIMINAL APPEAL (DB) No. 310 of 2023)
For the Appellant/s : Mr. Kumar Praveen, Advocate
For the Respondent/s : Mr. Sujit Kumar Singh, APP
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Patna High Court CR. APP (DB) No.217 of 2023(4) dt.19-09-2023
2/6
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
4 19-09-2023All the three appeals have been taken up together for the purposes of considering the prayer made on behalf of the appellants/applicants for suspension of their sentences.
2. Heard Mr. Rajesh Kumar Singh, Sr. Advocate and Mr. Kumar Praveen for the appellants and learned APP for the State.
3. The appellants have been convicted vide judgment dated 30.01.2023 under Sections 302/34 of the IPC and by order dated 31.01.2023, they have been sentenced to undergo imprisonment for life, to pay a fine of Rs. 1000/- and in default of payment of fine, to suffer imprisonment S.I. for nine months.
4. According to the FIR lodged by Md.
Khalique/P.W. 11, on the asking of appellant/Pawan Singh, appellants/Kusma Mandal and Arjun Mandal arrived at the place of occurrence and Arjun Mandal gave a bhala blow on the chest of the deceased (Md. Babar). Md. Babar died at Katihar Medical College Hospital.
Patna High Court CR. APP (DB) No.217 of 2023(4) dt.19-09-2023 3/6
5. However, at the trial, the informant (P.W. 11) who is an eye witness to the occurrence has stated that Md. Babar was assaulted by appellant Pawan Singh by means of a rod; whereafter Arjun Mandal also assaulted him by means of bhala. However, he has also stated that appellant/Arjun Mandal also received an injury on his head. He however could not assess the reason for Arjun Mandal also becoming injured in the occurrence.
6. Did the assault at the hands of Pawan Singh against Babar actually hit Arjun Mandal?
7. We do not find anything from the deposition of P.W. 11 about the cause of the injury on the person of Arjun Mandal, who has also not stated anything about it in his 313 Cr.P.C. statement.
8. On the contrary, the other eye witness to the occurrence viz. Md. Akil @ Chand (P.W. 8) had a somewhat different story to narrate before the Trial Court. According to him, it was the appellant/Pawan Singh who made the fatal attack on the deceased by means of a spear. He has also tried to explain the reason for appellant/Arjun Mandal having Patna High Court CR. APP (DB) No.217 of 2023(4) dt.19-09-2023 4/6 received injuries on his head. He attributes it to the co- accused Pawan Singh only.
9. The learned Advocate appearing for the appellant/Pawan Singh has drawn the attention of this Court to the deposition of yet another eye witness to the occurrence viz. Md. Siraj (P.W. 6). P.W. 6 has been categorical in his statement that Md. Babar (the deceased) was first assaulted by appellant/Arjun Mandal by means of a bhala as a result of which he was injured.
10. On the point of assault, therefore, there are three divergent statements by three of the witnesses, all of whom claim to be the eye witnesses to the occurrence. The story of the deceased having been assaulted by an iron rod which allegation is basically attributed to Pawan Singh is not borne out by the medical testimony. The deceased appears to have died out of one spear injury near his abdomen touching his chest. The spleen of the deceased also was found to be ruptured.
11. Appellants/Kusma Mandal and Pawan Singh had all along been on bail during the period of investigation. Patna High Court CR. APP (DB) No.217 of 2023(4) dt.19-09-2023 5/6 Appellant/Arjun Mandal has been in custody all through.
12. After having gone through the deposition of the witnesses cursorily and the written objection which is on record, we find that the learned Advocate appearing for appellant Kusma Mandal has made out a case for suspension of his sentence presently.
13. The sentence of the appellant Kusma Mandal [Cr. App (DB) No. 217 of 2023] is suspended during the pendency of the appeals.
14. He is directed to be released from jail on bail, during the pendency of these appeals, on furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-V, Katihar in connection with Sessions Case No. 78 of 2021, arising out of Katihar Nagar P.S. Case No. 265 of 2019.
15. The prayer for suspension of sentence of the two other appellants viz. Arjun Mandal [Cr. App (DB) No. 234 of 2023] and Pawan Singh [Cr. App (DB) No. 310 of 2023] are, however, rejected for the present. Patna High Court CR. APP (DB) No.217 of 2023(4) dt.19-09-2023 6/6
16. All the three appeals with respect to the prayer for suspension of sentence of the respective appellants is disposed of accordingly.
17. The appellants whose prayer for suspension of sentence has been rejected may approach this Court either for suspension of their sentence or for fixing the case for an early hearing, if in ordinary course, their cases are not heard finally within a reasonable period of time.
(Ashutosh Kumar, J)
(Alok Kumar Pandey, J)
krishna/alok
U T