DINESH DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The aforesaid appeals preferred under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr.P.C.") arise out of the same judgment of conviction and order of sentence dtd. 13/5/2016 and 16/5/2016 respectively, hence the aforesaid appeals have been heard together and are being disposed off by the present common judgment. By the said judgment of conviction dtd. 13/5/2016, passed by the learned Additional Sessions Judge-V, Vaishali at Hajipur (hereinafter referred to as "the Ld. Trial Judge") in Sessions Trial No. 348 of 1998 (arising out of Mahua P.S. Case No. 86 of 1996), the appellants have been convicted under Ss. 302/149 of the Indian Penal Code (hereinafter referred to as the 'IPC') and have been sentenced to undergo rigorous imprisonment for life with fine of Rs.25,000.00 each and in default thereof they have been directed to undergo further simple imprisonment for four months. All the sentences have been directed to run concurrently.

(2.) At the outset it may be pointed out that as far as Devendra Sah (one of the appellant of the first case, i.e. Criminal Appeal (DB) No.555 of 2016) is concerned, a co-ordinate Bench of this Court, in its order dtd. 9/2/2018, has noted the fact that the Juvenile Justice Board vide letter no. 538 dtd. 31/7/2017 has sent a report mentioning therein that the said Devendra Sah was juvenile at the time of the alleged occurrence and accordingly, he has been declared juvenile. In such view of the matter, the said co-ordinate Bench of this Court, by the aforementioned order dtd. 9/2/2018 has been pleased to set aside the sentence awarded to the said Devendra Sah vide judgment dtd. 16/5/2016 in Sessions trial no. 348/1998, has granted bail to him and the Office of this court has been directed to separate the case of the said Devendra Sah from this record as well as from lower court record and send the same to Juvenile Justice Board, Vaishali at Hajipur within two weeks for passing order on the point of sentence qua the said Devendra Sah, with a direction to the said Devendra Sah to appear before the Juvenile Justice Board, Vaishali at Hajipur within a fortnight from today.

(3.) The short facts of the case are that the fardbeyan of the informant Surendra Singh was recorded by the Assistant Sub- Inspector of Police, Pirbahore Police Station, District-Patna, namely, Sri R.P. Singh on 5/5/1996 at 09:45 a.m. at the PMCH, Emergency Ward, Patna. In the fardbeyan, Surendra Singh (who later on died in the month of August, 2008), has stated that his nephew, namely Ajay Kumar Singh (deceased) aged about 20 years used to study in R.N. College, Hajipur in the final year of B.A. course. He has further stated that his niece Pratima Kumari (PW-7) used to study at Vaishali Vidyalaya, Mahua in class-10 and used to go to village Mahua Singrai for taking tuition from Jha Ji sir. The informant has next stated that on the previous day at about 05:30 in the evening the Chaukihdar of the police station informed that the nephew of the informant, namely Ajay Kumar Singh is admitted in Mahua Government Hospital where he is lying unconscious and has received injuries on his forehead and body. Immediately, the niece of the informant Pratima Kumari informed the informant that when she was returning from Mahua Singrai after having taken tuition and had reached at the tea shop of Yogendra Das, there in front of the shop, Binod Das and Yogendra Das had engaged in eve teasing with her, whereafter she had returned home and disclosed about the same to Ajay Kumar Singh, whereupon Ajay Kumar Singh, for making enquiry from Binod Das and Yogendra Das, had gone to the shop of Yogendra Das, where Mahendra Das, Yogendra Das, Ram Briksh Das and Binod Das had assaulted Ajay Kumar Singh on his forehead by a sharp weapon as also by rod and lathi. Upon receiving information police had arrived there and taken Ajay Kr. Singh to the hospital. He has stated that the occurrence was witnessed by the local people. The informant has next stated that thereafter, he along with other related persons had gone to Mahua Hospital where they found Ajay Singh to have been grievously injured and was lying in an unconscious condition. The doctor had then referred the said Ajay Kumar Singh on 4/5/1996 itself and at about 7:00 in the evening they had taken him for treatment to PMCH where he was admitted, however he died during the course of treatment in an unconscious state on 4/5/1996 itself at about 10:45 p.m. The informant has also stated that it is his claim that Mahendra Das, Yogendra Das, Ram Briksh Das and Binod Das have assaulted Ajay Kr. Singh by sharp cutting weapon, lathi and rod with an intention to kill him, resulting in him being injured grievously and he died while he was unconscious and was being treated at PMCH.