LAWS(JHAR)-2010-5-82

SHEETAL PRASAD SINHA Vs. STATE OF BIHAR

Decided On May 04, 2010
SHEETAL PRASAD SINHA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Both the appeals are directed against the common judgment of conviction and order of sentence passed by Sri Vinod Kumar Sinha, 5th Additional Sessions Judge, Giridih in Sessions Trial No. 329/93 by which the appellant Binod Prasad was convicted under Section 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. At the same time other two appellants Sheetal Prasad Sinha and Shyam Sunder Lal @ Shyam Sunder Prasad were convicted under Section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months by the same stretch of pen.

(2.) Prosecution story in short was that the informant P.W.-8 Mahendra Prasad Sinha presented a written report before the Dhanwar police alleging, inter alia, that on 21.2.1993 while he along with his wife, uncle-in-law Tripurari Lal were going to Dhuraita at about 7 a.m., he came across the accused persons total six in number including the appellants, who started assaulting them with rod, sticks, and spear. Upon witnessing the occurrence the father of the informant Baldeo Prasad Sinha arrived at the scene and intervened, but the appellants assaulted him also. On the alarm, the witnesses including one Beni Mahto arrived there and pacified the matter but the injured were removed. On the written report, Dhanwar P.S. Case No. 17/93 was instituted against as many as six named accused persons and after investigation charge-sheet was submitted against all of them for the alleged offence under Sections 147/148/149/323/324/307 of the Indian Penal Code. It is stated that a counter case was lodged by the appellant Binod Prasad Sinha giving rise to Dhanwar P.S. Case No. 18/93 in which police submitted charge-sheet against the witnesses of the instant case as accused for various offences. The injured informant Mahendra Prasad Sinha was examined by P.W.-6 Dr. Arvind Kumar and several injuries were found on the different parts of his body including upon his scalp. All the six accused, namely, Basant Lal, Sheetal Prasad Sinha, Shyam Sunder Lal, Jagdish Prasad, Surendra Lal and Binod Prasad were put on trial after framing of charge under Sections 147/148/149/323/324/307 of the Indian Penal Code. However, upon their trial other three accused Basant Lal, Jagdish Prasad and Surendra Lal were acquitted from the charges, whereas the appellant Binod Prasad was convicted under Section 324 of the Indian Penal Code and other two appellants Sheetal Prasad Sinha and Shyam Sunder Lal @ Shyam Sunder Prasad were convicted under Section 323 of the Indian Penal Code, on the same set of evidence, the learned Counsel pointed out.

(3.) The learned Counsel for all the appellants at the outset submitted that the appellant Binod Prasad, convicted under Section 324 of the Indian Penal Code remained in custody for 46 days against one year of imprisonment whereas Sheetal Prasad Sinha was in judicial custody for 102 days and Shyam Sunder Lal @ Shyam Sunder Prasad completed his detention in custody for 113 days and in that manner, all the appellants have served out sufficient period of sentence in judicial custody, which needs consideration for their release on Probation of Offenders Act on the sole and consistent defence that the occurrence did not take place in the manner presented by the prosecution for the reason that appellant Binod Prasad had lodged a counter case, giving rise to Dhanwar P.S. Case No. 18/93, for the injuries sustained by him at the hands of the witnesses and members of both the parties had sustained injuries.