SADAKAT KOTWAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 01.07.2019 passed by the High Court of Jharkhand at Ranchi in Criminal Appeal (SJ) No.393 of 2004 by which the High Court has upheld the conviction of the appellants herein for the offences under Section 307 read with Section 34 of the IPC, the original accused have preferred the present appeal.

(2.) We have gone through the impugned judgment and order passed by the High Court as well as the judgment and order passed by the learned Trial Court convicting the accused for the offences under Section 307 read with Section 34 of the IPC. The prosecution as such has examined in all 10 witnesses in support of the case of the prosecution, out of which, there are two injured eyewitnesses PW7 and PW8. Both of them have supported the case of the prosecution. Even the other witnesses examined by the prosecution i.e. PW1, PW2, PW4 and PW10 are consistent in their statements and have fully supported the case of the prosecution. The prosecution has been successful in proving the case against the accused that Appellant No.2 - Refaz Kotwar stabbed PW8 - Mohd. Jamil Kotwar with a dagger on the right side of his stomach and on left ribs and that PW7 was also stabbed by Appellant No.1 - Sadakat Kotwar with a dagger in her ribs. We see no reason to doubt the testimony of the witnesses examined on behalf of the prosecution more particularly, PW7 and PW8 who are the injured eye-witnesses. It is required to be noted that PW7 and PW8 are the injured eye-witnesses. As held by this Court in the case of State of M.P. vs. Mansingh, (2003) 10 SCC 414 para 9, the evidence of an injured eye-witness has great evidentiary value and unless compelling reasons exist, their statements are not to be discarded lightly. There are concurrent findings recorded by the courts below holding the appellants - original accused guilty which do not require any interference by this Court in exercise of powers under Article 136 of the Constitution of India.

(3.) Now so far as the submissions on behalf of the appellants that at the most the case may fall under Section 323 of the IPC and therefore, the courts below have erred in convicting the accused for the offence under Section 307 IPC is concerned, it is the case on behalf of the appellants that it was a case of single blow/injury. However, it is required to be noted that the injury of a single blow was on the vital part of the body i.e. stomach and near chest. Nature of the injury is a grievous injury caused by a sharp cutting weapon. The following injuries were found on Jamil Kotwar: