Patna High Court - Orders
Dinesh Mehta vs The State Of Bihar on 22 August, 2024
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.383 of 2024
Arising Out of PS. Case No.-1044 Year-2020 Thana- FORBESGANJ District- Araria
======================================================
Dinesh Mehta, son of Late Fatkan Mehta, Village- Dak Haripur, P.S.-
Forbesganj, Dist- Araria
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (DB) No. 372 of 2024
Arising Out of PS. Case No.-1044 Year-2020 Thana- FORBESGANJ District- Araria
======================================================
1. Chhotu Kumar Mehta, son of Sri Dinesh Mehta, Village- Dak Haripur
W.No-13, P.S.- Forbisganj Dist- Araria
2. Bablu Kumar Mehta @ Bablu Mehta, son of Sri Dinesh Mehta ,Village- Dak
Haripur W.No-13, P.S.- - Forbisganj Dist- Araria
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (DB) No. 407 of 2024
Arising Out of PS. Case No.-1044 Year-2020 Thana- FORBESGANJ District- Araria
======================================================
Dev Narayan Mehta, S/o Late Jhameli Mehta, R/o vill - Dak Haripur, P.S.-
Forbesganj, Distt. - Araria
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (DB) No. 408 of 2024
Arising Out of PS. Case No.-1044 Year-2020 Thana- FORBESGANJ District- Araria
======================================================
Rupchand Mehta, S/O Ghotan Mehta @Ghotan Lal Mehta ,R/O- Village- Dak
Haripur, P.S Forbisganj, Distt- Araria
... ... Appellant/s
Patna High Court CR. APP (DB) No.383 of 2024(6) dt.22-08-2024
2/12
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (DB) No. 421 of 2024
Arising Out of PS. Case No.-1044 Year-2020 Thana- FORBESGANJ District- Araria
======================================================
1. Shambhu Mehta, S/o Late Dayanand Mehta, R/o vill - Dak Haripur, P.S. -
Forbesganj, Distt. - Araria
2. Dilip Mehta, S/o Late Dayanand Mehta, R/o vill - Dak Haripur, P.S. -
Forbesganj, Distt. - Araria
3. Ramdev Mehta, S/o Late Satydeo Mehta @ Sahdev Mahto, R/o vill - Dak
Haripur, P.S. - Forbesganj, Distt. - Araria
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (DB) No. 425 of 2024
Arising Out of PS. Case No.-1044 Year-2020 Thana- FORBESGANJ District- Araria
======================================================
1. Ghotan Mehta @ Ghotan Lal Mehta, S/o Late Fatkan Mehta, R/o vill - Dak
Haripur, P.S. - Forbisganj, Distt. - Araria
2. Shekhar Mehta @ Shekhar Kumar Mehta, S/o Ghotan Mehta @ Ghotan Lal
Mehta, R/o vill - Dak Haripur, P.S. - Forbisganj, Distt. - Araria
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (DB) No. 433 of 2024
Arising Out of PS. Case No.-1044 Year-2020 Thana- FORBESGANJ District- Araria
======================================================
Jiwan Paswan @ Jivanand Paswan, S/O Late Nandu Paswan, R/O Village-
Tedi Musahari, P.S- Forbesganj, Distt.- Araria.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
Patna High Court CR. APP (DB) No.383 of 2024(6) dt.22-08-2024
3/12
======================================================
Appearance :
(In CRIMINAL APPEAL (DB) No. 383 of 2024)
For the Appellant/s : Mr. Prafull Chandra Thakur, Advocate
Mr. Madhumala Kumari, Advocate
For the Informant : Mr. Ram Prawesh Kumar, Advocate
For the State : Ms. Km. Shashi Bala Verma, APP
(In CRIMINAL APPEAL (DB) No. 372 of 2024)
For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate
Mrs.Vaishnavi Singh, Advocate
Mr. Ritwik Thakur, Advocate
Mr. Purushottam Kumar, Advocate
For the Informant : Mr. Ram Prawesh Kumar, Advocate
For the State : Mr. Manish Kumar No. 2, APP
(In CRIMINAL APPEAL (DB) No. 407 of 2024)
For the Appellant/s : Mr. Mrigendra Kumar, Advocate
Ms. Kushum Kumari, Advocate
For the Informant : Mr. Ram Prawesh Kumar, Advocate
For the State : Mr. Manish Kumar No. 2, APP
(In CRIMINAL APPEAL (DB) No. 408 of 2024)
For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate
Mrs.Vaishnavi Singh, Advocate
Mr. Ritwik Thakur, Advocate
Mr. Purushottam Kumar, Advocate
For the Informant : Mr. Ram Prawesh Kumar, Advocate
For the State : Mr. Manish Kumar No. 2, APP
(In CRIMINAL APPEAL (DB) No. 421 of 2024)
For the Appellant/s : Mr. Mrigendra Kumar, Advocate
Ms. Kushum Kumari, Advocate
For the Informant : Mr. Ram Prawesh Kumar, Advocate
For the State : Mr. Manish Kumar No. 2, APP
(In CRIMINAL APPEAL (DB) No. 425 of 2024)
For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate
Mrs.Vaishnavi Singh, Advocate
Mr. Ritwik Thakur, Advocate
Mr. Purushottam Kumar, Advocate
For the Informant : Mr. Ram Prawesh Kumar, Advocate
For the State : Mr. Manish Kumar No. 2, APP
(In CRIMINAL APPEAL (DB) No. 433 of 2024)
For the Appellant/s : Mr.Ramesh Kumar Singh, Advocate
Mr. Sanjay Kumar Singh, Advocate
For the Informant : Mr. Ram Prawesh Kumar, Advocate
For the State : Mr. Manish Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
6 22-08-2024All the appeals have been taken up together on the issue of suspension of sentence of the appellants. Patna High Court CR. APP (DB) No.383 of 2024(6) dt.22-08-2024 4/12
2. We have heard Mr. Ajay Kumar Thakur, Mr. Prafull Chandra Thakur, Mr. Ramesh Kumar Singh and Mr. Mrigendra Kumar, the learned Advocates for the respective appellants/applicants; Mr. Ram Prawesh Kumar, the learned Advocate for the informant and Ms. KM. Shashi Bala Verma and Mr. Manish Kumar No. 2 learned APPs for the State.
3. The written objection in each of the appeals is on record.
4. All the appellants (eleven in all) have been convicted under Section 147, 148, 323/149, 324/149, 325/149, 302/149, 354/149, 379/149 of the Indian Penal Code, vide judgment dated 21.02.2024 passed by the learned Additional Sessions Judge-I, Araria in Sessions Trial No. 206 of 2021, C.I.S. No. 206 of 2021 arising out of Forbesganj P.S. Case No. 1044/2020. By order dated 29.02.2024, they have been sentenced to undergo imprisonment for two years, to pay a fine of Rs.1,000/- each and in default of payment of fine, to Patna High Court CR. APP (DB) No.383 of 2024(6) dt.22-08-2024 5/12 further suffer S.I. for one month each for the offences under Sections 147, 148, 354/149 of the IPC; to undergo imprisonment for one year, to pay fine of Rs.1,000/- each and in default of payment of fine, to further suffer S.I. for one month for the offence under Section 323/149 of IPC; to undergo imprisonment for three years, to pay fine of Rs.1,000/- each and in default of payment of fine, to further suffer S.I. for one month each for the offences under Sections 324/149, 379/149 of IPC; to undergo imprisonment for five years, to pay fine of Rs.5,000/- each and in default of payment of fine, to further suffer S.I. for three months for the offence under Section 325/149 of IPC and to undergo R.I. for life, to pay fine of Rs.25,000/- each and in default of payment of fine, to further suffer S.I. for three months for the offence under Section 302/149 of IPC. The sentences have been ordered to run concurrently.
5. Chandani Devi (P.W. 6), who is the wife of Patna High Court CR. APP (DB) No.383 of 2024(6) dt.22-08-2024 6/12 the deceased has lodged the fardbeyan on 30.12.2020 alleging that while she along with the deceased was going on a motorcycle and crossed the house of appellant/Rupchand Mehta, all the appellants, eighteen of whom were named by her and ten were not named, surrounded her. She has further alleged that she was tied with a peg by appellants/Rupchand and Pankaj Mehta and in her presence, her husband was beaten to death. She tried to capture the incident on her mobile telephone camera but her phone was snatched away. She has spoken about old land dispute with the appellants as the reason for the occurrence.
6. On that basis, a case vide Forbesganj P.S. Case No. 1044/2020 dated 31.12.2020 was registered under Sections 147, 148, 149, 323, 324, 354, 302, 379 of the IPC.
7. The post-mortem examination was conducted on the next date by Dr. Rajesh Bharti (P.W.
8), who found one lacerated stitched wound on the right Patna High Court CR. APP (DB) No.383 of 2024(6) dt.22-08-2024 7/12 parietal bone area. There were bruises and swelling on the arms and one of the humerus bones was fractured. He also saw a blood soaked bandage over the scalp. On being specifically questioned, the Doctor opined that such injuries could take place even in a case of road accident/motor accident.
8. While canvassing for suspension of sentences of the appellants Mr. Thakur, who led the arguments, drew the attention of this court to the deposition of P.W. 6 in which she has tried to embellish her first statement by attributing specific assault to some of the appellants. She has exaggerated the allegations to the extent that the entire prosecution story becomes doubtful, especially when she is the only eye-witness of the occurrence. While narrating the sequence of event, she has also stated that after assaulting her husband black and blue, the accused persons inserted iron nails in his head. No such corresponding injuries were however found. It has also Patna High Court CR. APP (DB) No.383 of 2024(6) dt.22-08-2024 8/12 been argued that though multiple injuries were found on the persons of the deceased, but those do not appear to have been caused by eighteen persons, who simultaneously assaulted the deceased.
9. Last of the arguments urged on behalf of the appellants is that there is no evidence available on record as to how the deceased was brought to Purnea hospital. Though P.W. 6 (informant) has claimed that the police party had arrived at the P.O. and has taken the injured/deceased to Purnea hospital but no person from Purnea hospital has been examined at the Trial to lend credence to the early part of version of P.W. 6. That apart, during the post-mortem, blood soaked bandage was found which only presupposes that some preliminary treatment was given to the deceased.
10. Where and when was that done?
11. In this context, the learned Advocates for the appellants/applicants have drawn the attention of this Court to the suggestions given to some of the Patna High Court CR. APP (DB) No.383 of 2024(6) dt.22-08-2024 9/12 witnesses that perhaps the deceased died in a road- accident and the opportunity was well-utilized by P.W. 6 in framing all the accused persons with whom she and her family member had dispute in the past. Some of the appellants are directly related to the deceased and the informant, whereas others are complete outsiders and they also have been roped in for the reason of their being sympathizers of the other accused persons.
12. Precisely for this reason, the appellants were all along on bail during the period of investigation and are in custody since the date of judgment.
13. We have also taken into account the submissions urged on behalf of the State as also the informant that in her deposition, P.W. 6 has come out with specific acts of assault against some of the accused persons, whose sentences need not be suspended. It has also been urged by the informant and the State that the principle falsus in uno, falsus in omnibus has no application and the Court must exercise due Patna High Court CR. APP (DB) No.383 of 2024(6) dt.22-08-2024 10/12 diligence and use the judicial collander to sift the truth. It has also been argued that when the wife is the witness to the brutal murder of her husband, there could be some possibility of her exaggerating but then, the truth of the matter is that the deceased died because of the assault perpetrated by the accused persons.
14. After having analyzed the arguments urged on behalf of the appellants, we find that there are many missing links in the prosecution version. The fardbeyan lodged by P.W. 6 is vague and general with respect to the accusation against the respective appellants. However, at the Trial, specific allegations have been levelled against Rupchand Mehta, who is the own younger brother of the deceased.
15. We have also noted that many of the witnesses specially P.Ws. 1, 2, 3, 4 and 7 never made statement before the police during the course of investigation and have for the first time deposed before Patna High Court CR. APP (DB) No.383 of 2024(6) dt.22-08-2024 11/12 the Trial Court.
16. Considering all these and taking into account that the appellants were all along on bail during the investigation and Trial and that they never misused the privilege of bail in the meanwhile, as also the fact that there are no good chances of the appeals being heard in near future, we are inclined to suspend the sentences of the appellants/applicants during the pendency of these appeals.
17. We order accordingly.
18. The appellants, viz., Dinesh Mehta in Cr. APP. (DB) No. 383 of 2024; Chhotu Kumar Mehta and Bablu Kumar Mehta @ Bablu Mehta in Cr. APP. (DB) No. 372 of 2024; Dev Narayan Mehta in Cr. APP. (DB) No. 407 of 2024; Rupchand Mehta in Cr. APP. (DB) No. 408 of 2024; Shambhu Mehta, Dilip Mehta and Ramdev Mehta in Cr. APP. (DB) No. 421 of 2024; Ghotan Mehta @ Ghotan Lal Mehta and Shekhar Mehta @ Shekhar Kumar Mehta in Cr. APP. (DB) No.425 of 2024 and Patna High Court CR. APP (DB) No.383 of 2024(6) dt.22-08-2024 12/12 Jiwan Paswan @ Jivanand Paswan in Cr. APP. (DB) No.433 of 2024 are directed to be released on bail 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 Additional Sessions Judge-I, Araria in connection with Sessions Trial No. 206 of 2021, C.I.S. No. 206 of 2021 arising out of Forbesganj P.S. Case No. 1044/2020.
(Ashutosh Kumar, J) (Jitendra Kumar, J) manoj/krishna-
U T