Patna High Court - Orders
Ganesh Manjhi vs The State Of Bihar on 13 October, 2023
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.561 of 2023
Arising Out of PS. Case No.-89 Year-2020 Thana- PALI District- Jehanabad
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1. Ganesh Manjhi, male, aged about 33 years,
2. Sonu Manjhi, male, aged about 28 years,
Both sons of Bulkan Manjhi, Resident of Village-Kosiyawan, P.S.-Pali,
District-Jehanabad.
... ... Appellants
Versus
The State of Bihar
... ... Respondent
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Appearance :
For the Appellants : Mr. Shivendra Prasad, Advocate
For the Respondent : Mr. Dilip Kumar Sinha, APP
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CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
and
HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI)
4 13-10-2023Heard Mr. Shivendra Prasad, learned counsel for the appellants/applicants and Mr. Dilip Kumar Sinha, learned A.P.P for the Respondent-State.
2. This appeal has been filed on behalf of the appellants under Section 374(2) read with Section 389(1) of the Code of Criminal Procedure, 1973 against the judgment of conviction dated 24.04.2023 and order of sentence dated 27.04.2023 rendered by the learned Sessions Judge-1st, Jehanabad in Sessions Trial No. 57 of 2022 arising out of Pali P.S. Case No. 89 of 2020 whereby, the appellants have been convicted for the offences punishable under Sections 302, 326, Patna High Court CR. APP (DB) No.561 of 2023(4) dt.13-10-2023 2/6 323, 341, 504/34 of the Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs. 15,000/- for the offence punishable under Section 302 of the Indian Penal Code and in default of payment of fine, the appellants shall have further to undergo rigorous imprisonment for six months. Further, both are sentenced to undergo rigorous imprisonment for seven years and fine of Rs. 10,000/- for the offence punishable under Section 326 of the Indian Penal Code and in default of payment of fine, the appellants shall have further to undergo rigorous imprisonment for three months. Further, both are sentenced to undergo simple imprisonment for one year and fine of Rs. 1,000/- for the offence punishable under Section 323 of the Indian Penal Code and in default of payment of fine, the appellants shall have further to undergo simple imprisonment for one month. Further, both are sentenced to undergo simple imprisonment for one month and fine of Rs. 500/- for the offence punishable under Section 341 of the Indian Penal Code and in default of payment of fine, the appellants shall have further to undergo simple imprisonment for 15 days. Further, both are sentenced to undergo simple imprisonment for six months and fine of Rs. 500/- for the offence punishable under Section 504 of the Indian Penal Code and in default of payment Patna High Court CR. APP (DB) No.561 of 2023(4) dt.13-10-2023 3/6 of fine, the appellants shall have further to undergo simple imprisonment for 15 days.
3. The appeal has been admitted and at present learned counsel appearing for the appellants has prayed for bail and for suspension of sentence imposed by the learned trial court.
4. At the outset, learned counsel for the appellants, under the instruction, does not press the prayer for bail of the appellant no.1, namely, Ganesh Manjhi for the present. However, learned counsel for the appellants requested that the prayer for bail qua the appellant no.2, namely, Sonu Manjhi be considered.
5. Learned counsel for the appellants has referred to the deposition and the fardbeyan of the informant, namely, Lalbabu Manjhi, who is the victim-injured, who had filed the First Information Report after the period of seven days from the date of occurrence. It is further submitted that the said informant died after a period of 16 days from the date of occurrence. Learned counsel for the appellants has also referred to the deposition of the relevant prosecution witnesses. We have also perused the lower court records. It is also submitted that the only role attributed to the appellant no.2, namely, Sonu Manjhi Patna High Court CR. APP (DB) No.561 of 2023(4) dt.13-10-2023 4/6 by the informant, who was injured at the relevant point of time and thereafter died, is that appellant no.2 was present at the place of occurrence when appellant no.1, who is the brother of appellant no.1, gave blow on abdomen with spear (barchi). As a result of the said injury sustained by the injured, he succumbed to the injuries after a period of 16 days from the date of occurrence. Learned counsel, therefore, submitted that the trial court has convicted the appellant no.2 by virtue of Section 34 of Indian Penal Code. It is also submitted that the appellant no.2 is enlarged on bail during the pendency of the trial and he has not misused the liberty granted to him. Learned counsel, therefore, urged that the case of appellant no.2 be considered for grant of bail and for suspension of the sentence during the pendency of the appeal.
6. On the other hand, learned APP for the Respondent- State has, though opposed the prayer for bail made by the appellant no.2, he is not in a position to dispute the role attributed to the appellant no.2 i.e. the appellant no.2 was merely present at the place of occurrence with appellant no.1 and, in fact, appellant no.1 gave blow with spear (barchi) on the abdomen of the informant, who subsequently died after the period of 16 days.
Patna High Court CR. APP (DB) No.561 of 2023(4) dt.13-10-2023 5/6
7. We have considered the submissions canvassed by the learned counsel appearing for the parties. We have also perused the deposition of the relevant witnesses and fardbeyan of the informant, who subsequently died. From the material produced, it is revealed that the only role attributed to the appellant no.2 is that he was present with the appellant no.1 at the place of occurrence and the appellant no.1 gave blow with spear (barchi) on the abdomen of the informant, who subsequently died after 16 days. Thus, the trial court has convicted appellant no.2 by virtue of Section 34 of the Indian Penal Code. It is also not in dispute that the appellant no.2 was released on bail during the pendency of the trial and it is not the case of the prosecution that he has misused the liberty granted to him.
8. Looking to the overall facts and circumstances of the present case, we are inclined to consider the request made by the appellant no.2, namely, Sonu Manjhi for grant of bail.
9. Accordingly, appellant no.2 is ordered to be released on bail during pendency of the present appeal on executing bond of Rs. 15,000/- (Rupees Fifteen Thousand) and upon furnishing two sureties of the like amount each to the satisfaction of learned Sessions Judge 1st, Jehanabad in Patna High Court CR. APP (DB) No.561 of 2023(4) dt.13-10-2023 6/6 connection with Sessions Trial No. 57 of 2022 (arising out of Pali P.S. Case No. 89 of 2020) and the sentence imposed by the trial court is suspended so far as this appellant is concerned.
10. It is clarified that the aforesaid observations made by this Court are tentative while considering request of the appellants for grant of bail.
11. The appellant no.2 should co-operate in this court till disposal of the appeal.
12. The realisation of fine shall remain stayed during the pendency of this appeal.
(Vipul M. Pancholi, J) (Chandra Shekhar Jha, J) Gaurav Kumar/-
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