Patna High Court
Ganga Sharma & Anr vs State Of Bihar on 12 February, 2014
Author: Akhilesh Chandra
Bench: Akhilesh Chandra
Patna High Court CR. APP (SJ) No.339 of 2002 dt.12-02-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.339 of 2002
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1. Ganga Sharma, son of Lekho Sharma
2. Matlu Turi, son of Bhagirath Turi
Both resident of village - Dhawatanr, P.S. - Chandramandi, District -
Jamui.
.... .... Appellants
Versus
The State of Bihar
.... .... Respondent.
With
Criminal Appeal (SJ) No. 377 of 2002
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1. Ganga Sharma, son of Lekho Sharma
2. Matlu Turi, son of Bhagirath Turi
Both resident of village - Dhawatanr, P.S. - Chandramandi, District -
Jamui.
.... .... Appellants
Versus
The State of Bihar
.... .... Respondent.
===========================================================
Appearance :
(In CR. APP (SJ) No. 339 of 2002)
For the Appellant/s : Mr. Prakash Mahto, Advocate
For the Informant : Mr. Chandra Mohan Singh
For the State : Mr. Bipin Kumar, Additional Public Prosecutor
(In CR. APP (SJ) No. 377 of 2002)
For the Appellant/s : Mr. Prakash Mahto, Advocate
For the Informant : Mr. Chandra Mohan Singh
For the State : Mr. Z. Hoda, Additional Public Prosecutor
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CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
ORAL JUDGMENT
Date: 12-02-2014 Heard learned counsel for the appellant, learned counsel for the informant and learned Additional Public Prosecutor for the State.
Since in both these appeals, appellants are same and later case/appeal arose as a consequential effect of first incident giving rise to former appeal.
Patna High Court CR. APP (SJ) No.339 of 2002 dt.12-02-2014 As prayed for, both these appeals are being heard together and disposed of by this common judgment.
The former appeal is against judgment dated 24th May 2002 passed by learned 1st Additional Sessions Judge, Jamui, in Session Trial No. 488/98 arising out of Chandramandih P.S. Case No. 14/98, initially instituted under Section 376 of the Indian Penal Code at the instance of the prosecutrix, who could not be able to bear the pains, within two days, died by falling in a Well, giving rise to later case i.e. Chandramandhi P.S. Case No. 15/98 under Section 306/109 of the Indian Penal Code.
After trial, the court below in former case hold the appellants guilty for the offences under Section 376 read with 511 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six years and the same trial court on the same day i.e. 24th May 2002, in Session Trial No. 487/98 arising out of later case no. 15/98 found the two appellants guilty for the offences under Section 306 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six years.
After some arguments, learned counsel for the appellants chosen not to challenge conviction of the appellants, but confined his submissions on the point of sentence, mainly on the ground of their age of detention for the period about 4½ years at pre and post conviction stage besides mental agony, financial losses etc. On the other hand, learned Additional Public Prosecutor and learned counsel representing the informant raised no objection but to compensate the informant who is none else than mother of the Patna High Court CR. APP (SJ) No.339 of 2002 dt.12-02-2014 victim who had to lost her life at her youth.
Having regard to the facts and circumstances in former appeal, sentence is reduced as undergone, but in later appeal, subject to deposit of Rs. 8000/- (eight thousand) each within three months, the sentence shall be treated reduced as undergone. On such deposit, the entire amount shall go to the widow informant, if alive.
With the above conditional modification in sentence, both these appeals are hereby dismissed.
Let a copy of this judgment be at once transmitted to the court below through FAX for needfuls at the cost of appellants.
Let the lower court records be sent back to the court below forthwith.
(Akhilesh Chandra, J) Rajeev/-