JITENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 25.1.1991 passed by Additional Sessions Judge I, Patna is Sessions Trial No. 788 of 1988 convicting and sentencing the appellant Jitendra Singh to undergo rigorous imprisonment for six months under Section 324 of Indian Penal Code (in short "IPC") and rigorous imprisonment for six months under Section 148 of IPC, appellant Shailendra Singh to undergo rigorous imprisonment for six months under Section 380 of IPC and rigorous imprisonment for three months under Sections 323 / 149 of IPC and releasing the remaining appellants, namely, Vijay Kumar, Kamlesh Singh and Santoo Singh on their executing bonds of Rs. 3,000/ - each for maintaining good behaviours and keeping peace for one year. Sentences passed against appellants Jitendra Singh and Shailendra Singh were ordered to run concurrently. The case of prosecution, in short, is that on 5.4.1987, informant Surendra Prasad (PW 5) and his family members were making preparation for taking meal when all the appellants entered his house and enquired from him that why he had blocked the flow of a drain and when informant replied that a decree by Court had been passed in his favour, appellants started abusing him and appellant Jitendra Singh gave a Chura blow on the left portion of his head causing bleeding injury and, thereafter, appellants Shailendra Singh and Vijay Kumar caught hold of informant and threw him on floor and appellant Kamlesh Singh and Santoo Singh gave four to five lathi blows on the waist of informant. When Dharmendra Kumar Sinha (PW 3), son of informant tried to rescue his father, he was also assaulted by appellants with lathi. On hulla raised by informant, witnesses, namely, Laljee Prasad Singh (PW 4) and Radhe Singh (PW 2) came there and they rescued the informant. Thereafter, appellants left the place but while going, they took away a box containing clothes and other articles worth Rs. 1,500/ - from the house of informant. The Fard -e -bayan (Ex -hibit -5) of informant was recorded by police at State Dispensary, Danapur and a case under Sections 448, 341, 323, 324 and 380 of IPC was registered by drawing a formal first information report (Exhibit -6) against the appellants. After investigation, the police submitted charge -sheet under Sections 323, 326, 341, 307, 380, 452/34of IPC. Cognizance of the case was taken and case was committed to the Court of Session where charges under Sections 307 / 149 of IPC and 380/34 of IPC were framed against all the appellants. Further charge under Sections 307and 148of IPC against appellant Jitendra Singh and under Section 147 of IPC against appellants Kamlesh Singh and Santoo Singh were also framed. After trial, appellant Jitendra Singh was found guilty under Sections 324and 148of IPC, appellant Shailendra Singh under Sections 380 and 323 / 149 of IPC and remaining appellants under Sections 323/149 of IPC.

(2.) THE case of appellants, as it appears from the trend of cross -examination of prosecution witnesses, is that they have been falsely implicated in this case because on the day of occurrence, Santosh Kumar, son of informant was teasing a girl and appellants, who were coming from the house of Ram Pravesh Singh, saw this incident and they caught Santosh Kumar and the informant, apprehending that Santosh Kumar would be roped in a case, filed this false case after obtaining a forged injury certificate to put pressure on appellants. No witness has been examined on their behalf.

(3.) SURENDRA Prasad (PW 5), the informant, in his evidence, has said that on 5.4.1987 at about 8.30 PM, he was in his house when all the appellants entered his house. Appellant Jitendra was armed with Chura and remaining appellants were armed with lathi and appellants enquired from him why he had filed a case against Awadhesh Rai and had blocked the flow of water of his drain and when he replied that he had obtained a decree from Court, the appellants started abusing him and on his protest, appellant Jitendra gave a Chura blow on the left side of his head causing bleeding injury and appellants Shailendra and Vijay threw him on the floor and appellants Kamlesh and Santoo gave him three to four lathi blows on his waist, abdomen etc. When his son Dharmendra came to rescue him, he was also assaulted by appellants by lathi. He has said that Laljee Prasad Singh (PW 4) and Radhe Singh (PW 2) came when hulla was raised by female members of his house and the appellants left his house and while leaving the house, appellant Shailendra Singh picked up the box containing a sum of Rs. 500/ -, clothes, utensils etc. from his house. He has further said that intention of appellants was to commit his murder and after occurrence, he was taken to Danapur Hospital where his Fard -e -bayan (Exhibit -5) was recorded. In para -12 of his cross -examination, he has admitted that grandfather of appellant Shailendra had purchased a house from his uncle in which appellant Shailendra is living but has denied the suggestion that this has caused annoyance to him. In para -15, he has admitted that for a dispute of flow of water in a drain, he had litigation with one Awadhesh Rai but has shown his ignorance that in that case, appellants supported Awadhesh Rai. In para 19 of his evidence, he has said that the box which was taken away by appellants was kept in a room situate towards south of his house and the adjoining room of that room was the room of his wife Savitri Devi.