Patna High Court - Orders
Jaichand Sah vs The State Of Bihar on 5 April, 2024
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1230 of 2023
Arising Out of PS. Case No.-415 Year-2021 Thana- BHELDI District- Saran
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1. Jaichand Sah, S/O Late Ramdas Sah, R/O Village- Umarpur, P.S- Bheldi,
Distt.- Saran.
2. Rajkali Devi, W/O Mr. Jaichand Sah, R/O Village- Umarpur, P.S- Bheldi,
Distt.- Saran.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate
For the Respondent/s : Mr. Sujit Kumar Singh, 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)
4 05-04-2024We have heard Mr. Ajay Kumar Thakur, the learned Advocate for the appellants/applicants and Mr. Sujit Kumar Singh, the learned APP for the State.
2. The written objection on behalf of the State is on record.
3. The appellants, who are husband and wife, have been convicted under Sections 302, 323 and 341 of the Indian Penal Code vide judgment dated 01.11.2023 passed by the learned 12th Additional Patna High Court CR. APP (DB) No.1230 of 2023(4) dt.05-04-2024 2/5 Sessions Judge, Saran at Chapra, in Sessions Trial No. 218 of 2022, arising out of Bheldi P.S. Case No. 415 of 2021. By order dated 06.11.2023, they have been sentenced to undergo imprisonment for life, to pay a fine of Rs. 5000/- each and in default of payment of fine, to further suffer imprisonment for six months under Section 302 of the IPC; S.I. for one months under Section 341 of the IPC and imprisonment for six months under Section 323 of the IPC.
4. The sentences have been ordered to run concurrently.
5. The informant is the wife of the deceased who has alleged that on the day of the occurrence, i.e., on 22.12.2021, appellant No.1 pressed the body of the deceased by climbing over him and appellant No. 2 pulled his testicles.
6. Mr. Thakur has urged that the accusation is absolutely false. In fact, the inquest and the post- mortem examination were done before the lodging of the Patna High Court CR. APP (DB) No.1230 of 2023(4) dt.05-04-2024 3/5 FIR and the police officer who recorded the written report of the informant (P.W. 7) has not been examined at the Trial.
7. Apart from this, it has been submitted that even the Doctor appears to have based his impression about the case of death on the basis of the accusation levelled against the appellants. He did not find any external injury on the body of the deceased. However, he observed swelling in the right scrotum. On the basis of such physical finding of the dead-body, he opined that the cause of death was sudden vesovagal/syncopal attack which was due to the pressure exerted on the testicles and consequent cardiac arrest.
8. There is nothing in the post-mortem report which would indicate that the Doctor (P.W. 6) had come to such a finding with the inputs regarding the physical features of the deceased. The Doctor has also stated that such type of injury in the scrotum region is possible when somebody would fall on a hard surface. Patna High Court CR. APP (DB) No.1230 of 2023(4) dt.05-04-2024 4/5
9. The medical report does not appear to be based on any scientific reason.
10. Apart from this, it has been submitted that there is no motive which could be proved during the Trial for killing the deceased. There could have been some displeasure at the deceased by the appellants for his having mediated in case of a loan given by the appellants but that would not be a strong reason for killing the deceased. It has also been argued that if the sequence of events is seen and analyzed in some detail, it would appear that P.W. 7 has not even seen the occurrence.
11. Regard being had to the fact that the appellants are husband and wife and are in custody since 24.12.2021, we are inclined to suspend their sentences during the pendency of the appeal.
12. While saying so, we have also taken note of the fact that there are no fair chances of this appeal being finally heard in near future. Patna High Court CR. APP (DB) No.1230 of 2023(4) dt.05-04-2024 5/5
13. For the reasons afore-stated, the sentence of the appellants/applicants are suspended and they are directed to be released on bail, during the pendency of the appeal, on their furnishing bail bonds in sum of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of the learned 12th Additional Sessions Judge, Saran at Chapra, in connection with Sessions Trial No. 218 of 2022, arising out of Bheldi P.S. Case No. 415 of 2021.
14. The realization of fine imposed on the appellants/applicants shall remain stayed till the final hearing of the appeal.
(Ashutosh Kumar, J) (Alok Kumar Pandey, J) Sauravkrsinha/ Krishna-
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